RICHMOND
Gov. Timothy M. Kaine commuted the death sentence Monday of Percy Levar Walton, saying the triple murderer is so psychologically impaired that his execution is unconstitutional.
Kaine commuted Walton's sentence to life without parole.
Walton, 29, was scheduled to receive a lethal injection tonight for the 1996 robbing and killing of three neighbors in Danville. He would have been the 100th person executed in Virginia since the state reinstituted its death penalty in 1982.
His attorneys say he is schizophrenic, has low intelligence and does not comprehend that execution would end his life.
A federal court halted his first scheduled execution in 2003 to determine whether he understood his circumstances. Kaine, in 2006, twice delayed Walton's death to further study his competency.
"I am again compelled to find that one cannot reasonably conclude that Walton is fully aware of the punishment he is about to suffer and why he is to suffer it," the governor said in a written statement, referring to a 1986 standard the U.S. Supreme Court established for executing mentally impaired people.
Kaine, a Democrat, said Walton has been observed closely for years and shown no change in behavior.
"He lives in a self-imposed state of isolation that includes virtually no interest in receiving or understanding information," Kaine wrote. "... He has nothing in his cell other than a mattress, a pillow and a blanket. He has no interest in contact with the outside world and has no television, radio, books or stationery. He has no personal effects of any kind. This minimal existence has been in evidence for the past five years."
Kaine also noted that Walton scored 66 on his most recent IQ test - 4 points below the standard for mental retardation.
F. Nash Bilisoly, one of Walton's lawyers, applauded Kaine's action. "He was very deliberate about it, and it is an appropriate and compassionate thing to do," he said.
Bilisoly said Walton is incapable of understanding his life has been spared. "He doesn't know it's Monday," he said. "He barely knows his name."
Kaine's decision was criticized by Attorney General Bob McDonnell. He noted that the 4th U.S. Circuit Court of Appeals in 2006 voted 7-6 that Walton was competent to be executed and the U.S. Supreme Court declined to hear the case.
McDonnell, a Republican, said Kaine should allow the court ruling to stand, saying "evidence of an inmate's competency is more effectively evaluated by a judicial officer" than a governor.
Kaine, a devout Roman Catholic, personally opposes the death penalty but pledged in his 2005 campaign to carry out the punishment. He has allowed five executions. Walton is the first death sentence he has commuted.
Walton pleaded guilty in 1997 to the murders of Elizabeth Kendrick, 81; Jessie Kendrick, 80; and Archie D. Moore, 33, during home robberies. Each was shot in the head.
Irene Jurscaga, 87, of Suffolk told The Associated Press she is disappointed her sister's killer will not be put to death. "It's just another person our tax dollars have to feed," she said. "He isn't deserving to be alive, someone who committed such a heinous crime.
"He didn't give my sister and brother-in-law a chance. They begged for their lives."
Warren Fiske, (804) 697-1565, warren.fiske@pilotonline.com







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exodus 21:12
"He that smites a man, so that he die, shall be surely put to death."
He's right, it does seem pretty clear what this passage intended. Even more of a reason to look past mans influence on spirituality.
thanks katet
However, my "infraction" was not having money for bond on a misdeameanor charge. My parents did but sitting in jail seemed more appealing than calling them. Either way, kids, don't go to jail. It sucks. That was 20 years ago and I remember it vividly.
Ira
Thanks for your honesty regarding past infractions. I am quite sure we all have done things that we would find embarrassing if unearthed. For what its worth, I have respect for people who own up to their past.
rrc1943
Anyone who lives their life according to a book written over two thousand years ago is pretty darn scary! With all due respect, rrc, folks who start spewing quotes from the bible to support their ideas, are automatically suspect by me of being incapable of thinking on their own.
RRC1943
"The Bible (see Genesis 9:6 and Exodus 21:12) clearly states that the penalty for murder is death."
Hogwash!
rrc1943
I think if you read the entire thread it may answer some more questions.
Well
I spent a very short stint of a few days when I was barely an adult. After a few days, I can tell you there is no life behind bars. It was convincing for me. Did the trick. I don't even roll stop signs. If this admission discredits me then so be it. I would rather be dead than imprisoned for the rest of my natural life.
I am confused by the correlation with the bible. What was the penalty of Christ's murder? Your book is fallible. No disrespect but many statements in the bible are easily disproved. Nor do I think it should be intertwined with the laws of man. If religion is to lead man then which one do we use?
A QUESTION FOR IRA TATEU
In your recent comment, you wrote:
"I assure you that sitting in a cell by yourself 'til the day you die is worse than letting them pass in the way we prescribe."
Just out of curiosity, how do you know that?
The Bible (see Genesis 9:6 and Exodus 21:12) clearly states that the penalty for murder is death.
Zee
"To hell with mercy! If a person has enough brains to pick up a gun, load it, plan a murder then carry it out,.....they should die and die a horible ,painful, agonizing death. Mercy? I spit on mercy !!"
I agree with the "horrible, painful, agonizing" part, but the death penalty doesn't provide that for you. I assure you that sitting in a cell by yourself 'til the day you die is worse than letting them pass in the way we prescribe. Even the chair is a short distance compared to a lifetime of solitary confinement. IF the issue is truly money, we would need to kill of all of the lifers in our prisons to save resources.
To Pierreg18059
Pierre, it's not about an expired visa. This woman came to the US with her family and has been here for 25 years.
Thirteen years ago, she used someone else's credit card to buy a Christmas tree and some presents for about $300. She confessed immediately, paid the money back, completed probation and has never again been in trouble.
Five years ago, on her way back from a trip to England to visit her dying grandmother, immigration agents at Dulles airport flagged Kathryn for deportation, because of the felony conviction of credit card theft. So yes, I'd say that was a mixup.
Now, feel free to google for the article, but first wipe the egg off your face.
To Pierreg18059
Pierre, it's not about an expired visa. This woman came to the US with her family and has been here for 25 years. When you don't read the article, you end up looking stupid to your readers.
Here is an excerpt from the article from WAVY News. Google for it.
"13 years ago, when Kathryn was a teenager, she says she made a horrible mistake and used someone else's credit card to buy a Christmas tree and some presents for about $300. She confessed immediately, paid the money back, completed probation and has never again been in trouble.
But, five years ago, on her way back from a rare trip back to England, immigration agents at Dulles airport flagged Kathryn for deportation, because of that felony conviction of credit card theft."
Now, let's get back to my original statement, which you deflected with your ill informed comment. I doubt that Kaine will pardon this young lady because she is the wrong race, isn't she?
NO MERCY !!
Where is the mercy given to the people this animal murdered and robbed? To hell with mercy! If a person has enough brains to pick up a gun, load it, plan a murder then carry it out,.....they should die and die a horible ,painful, agonizing death. Mercy? I spit on mercy !!
Katie
My personal opinion is that justice should be served, but deep inside my heart, I believe the governor did a noble thing. I do applaud him. But where I have my suspicions is what motivated the governor to do this? If it was for a moral purpose to show mercy, then good on him. If it was for political gain, then this is misplaced mercy and justice should take it's course as the law has determined. You see, mercy needs to come from the heart with no expectation of gain or glory. That is the point of all this...what were his motivations. We need people who have the deep heart of mercy. I try not to present myself on both sides, but to understand the balance between the reality of our laws and the passion of my heart. I am the least of all who deserves mercy, but it has been given to me. So I am the first to drop my stone.
Phrog
I am still uncertain of your opinion in this particular case. While you state mercy is at times acceptable over execution, what are your feeling on this case?
Ira
No worries mate. Always good to have discourse with you.
Aside from my religious convictions, I do know that we have a law in this land. That law provides means and capabilities for a society to ensure justice is carried out according to the offense committed. I believe our laws are fair and objective. But, as with everything else, it is subject to human error and manipulation. I believe that in certain cases the death penalty is appropriate when exercised with extreme scrutiny and sobriety. Taking a human life is not something to be revered or glorified. But, there are times that it is prudent to do so. Our laws even allow for the exercise of mercy by our leadership.
As I said, I do believe in mercy over the death penalty if warranted.
Please...
Everyone get over yourself's! This is not the first Governor, NOR will it be the last to commute a death sentence into a life sentence. Do your homework.
about that changing the subject thing
I think you will notice since Gilmore's name was thrown in the mix of things, some want to change the subject to religion instead of dealing with the fact that if Kaine broke the law so did Gilmore. Interesting! It's all totally political and not about Mr. Walton at all.
Thanks Phrog
I checked, it was you. It was a very civil discussion about the bible. I actually thanked you all for the tone in such a hot button subject. No offense was meant and I hope your ears are cooling off.
Kaine Should Receive A Humanitarian Award
Governor Kaine should be commended and should receive a humanitarian award for doing this. God Bless him for his humanitarian effort to not kill people who kill people.
What our country needs: dump Bush; dump Cheney; dump Condoleeza Rice; send Karl Rove to life in prison without parole; put Scooter Libby in Prison; convict all the soldiers from Guantanamo; send the Bush Twins to Iraq an make them fight with the Marines; dump Randy Forbes; dump Thelma Drake; send Forbes' kids to Iraq to fight with the Marines; and most of all...fire Kerry Daugherty!
Harold Jackson
When you assert that "Kaine broke the laws by refusing to allow the execution mandadated by a jury of his peers. Kaine is a liberal socialist with no ethical or moral values. We should impeach him." it shows that you need to brush up on your civics. If you would be so kind, would please show me the law Kaine violated? In the process of trying to find it, you may learn what the duties and powers the office holds. I will help to get you started. The code of Virginia can be found here: http://leg1.state.va.us/000/src.htm
Mr Jackson
Your response was unresponsive and wrong. As long as the law is on the books giving the governor the right to commute or pardon, and he can do this without an explanation, it is legal. By your reasoning Wilder, Baliles, Robb, Allen, Gilmore, Warner and Kaine should all be impeached. All pardoned people, albeit there were questions of innocence or insanity in all of them. Imagine, if all of you who think the ability of the governor to commute or pardon was taken away and the will of the people followed through Earl Washington would be dead now, convicted for a crime he couldn't have possibly committed. Where's the justice in that?
My ears are burning
Ira and Orion, I heard my name and decided I could quickly comment. Although I do strongly beleive in the veracity and inerrancy of the christian bible, I do not argue scripture. It is not my place. I may quote scripture and engage in discussion, but when discussion turns to arguement, I usually back out. Not because I am wrong, but because it is not up to me to reveal the truth in a persons heart. It is up to the Holy Spirit.
But I do love our spirited discussions. You both have keen and intellectual insight.
The law is such that the Govenor Has the power......
There is a reason the LAW of the state of Virginia allows the governor to make these decisions. The LAW recognizes that sometimes the end result of the criminal justice system needs a correction. The decision to pardon, commute or let it stand is among the toughest decisions a governor has to make. I am all for the death penalty but I don't agree with killing those with mental disabilities or even those that are borderline. This is a judgment call by the governor and I'm happy to allow him this call.
Orion
Granted. It may have been Phrog. I'm not quite 40 yet but I do forget some things.
Percy Walton
Archie Moore was shot in the head, just above his left eye, and his body was moved to a closet. Walton put a bag over his head and sprayed cologne on the body to try and mask the odor. So, he was smart enough that he came up with a plan to try and hide his crime. Pure, unadulterated evil. Danville has another killer set to die on July 24. We'll see what Gov. Kaine does with that one.
Ira
In fact, Orion once wrote a post in reply to my doubts about the accuracy of the bible.
I don't think that was me as I think the Bible was a book written by men, men with failings and religious fervor. The King James Version, as you said, was written so he could divorce (and ultimately kill his wife). I am certainly not that type; I am spiritual not religious which connotates organized religion which I generally abhor. Then again, maybe it was something esoterically academic.
You know how the mind goes when you age...
This is insane
Become the family member or friend of the victim who was murdered and then tell me the murderer doesn't deserve to die. They said he's "incompetent" and can't understand that his life is ending. Well if that's true then that could even be considered a blessing. The three people that were murdered KNEW that their life was about to end. What's even more disturbing is that not only did this jerk take away a family member and friend but now MY state tax dollars have to house HIM, feed HIM, clothe HIM, see to it that HE gets adequate medical care, etc. How crazy is that? There would be a lot more housing available in prison systems and a lot more money available for the state for necessary things like roads, education, medical care, etc. if we weren't using our money to sustain the lives of those who no longer deserve to walk this earth.
Did gilmore break the law?
"kaine has allowed five individuals to be executed and commuted to life ONE. Allen commuted three, Gilmore one (that for insanity.. makes you think, huh?) and Warner one."
Gilmore commuted one for insaity when he was Governor. Did he break the law like Kaine did?
"he knew enough to kill and
"he knew enough to kill and rob.most killers don't think they will ever get caught.you have to have a sick mind to take another persons life on purpose."
I would like to highlight your contradiction that only people w/ a "sick mind" take a life on purpose. As I am a regular poster here, I notice the most ardent proponents of the death penalty often proclaim their affinity for their churches. In fact, Orion once wrote a post in reply to my doubts about the accuracy of the bible. You all have spelled out why I will never be next to you in a pew. You all, as King James did, simply change your religion to fit your views. Your words are empty. Christians should not scream for blood.
The political spin against Kaine leaves out the part about the headline that shows VA losing it's bond rating due to poor management. I am no Obama supporter nor am I liberal. I am independent that lost the person closest to him in a gory and bizzare murder. If there is a chance the man is mentally deficient, some people want to sleep at night. The posters who support these extreme and rabid views on a daily basis truly scare me. You have lost your sense of humanity. It shows up every time I leave the
Life sentence
What's next in the liberal agenda for our Governor? Commute Waltons life sentence to parole and restored veting rights? The verdict was just and NO court has ruled that this guy was metally ill enough not to be executed. That's what is so wrong with our Governors decision to overturn what a jury recommendation. It's scary to think about what his next move will be, I wonder if he'll soon vacate all death sentences like the Governor of Illinois, Jim Ryan, did before leaving office.