WEST COLUMBIA, S.C. – The South Carolina Daily Gazette reports that a Lexington County judge has ruled Gary Terry, convicted of rape and murder, does not have an intellectual disability, potentially clearing the way for his execution.
According to the Gazette, Terry could become the seventh person placed on death row in South Carolina in the past 10 months as a result of the judge’s ruling.
Terry was convicted in 1997 of raping and killing a neighbor in her West Columbia home. He claimed that he and the victim were in a consensual relationship and that her death was accidental, resulting from a blow to the head during an argument.
Terry received a temporary reprieve after asserting he had an intellectual disability. His attorney argued that damage to the part of his brain responsible for focus and behavior—likely caused by a small stroke—impacted his cognitive ability.
Testing conducted before Terry’s 1997 trial reportedly showed his intellectual functioning to be in the “low average range.” Prosecutors argued this was not low enough to meet the legal definition of intellectual disability. Terry’s attorney contended that the original testing did not include a full and proper evaluation.
Five years after Terry was sentenced to death, the U.S. Supreme Court ruled in Atkins v. Virginia that executing individuals with intellectual disabilities constitutes cruel and unusual punishment in violation of the Eighth Amendment.
Terry’s brain scan showed dead tissue and decreased blood flow, according to the Gazette. His mother testified at trial that he had suffered multiple head injuries prior to the crime, including a motorcycle crash and an assault in which he was hit on the head with a board.
Circuit Court Judge Robert Hood ruled that Terry’s brain injury was not severe enough to halt his execution and concluded that his death sentence must be carried out.
Terry’s attorney did not respond to a request for comment. It remains unclear whether Terry will pursue additional appeals.
The Gazette notes that the South Carolina Supreme Court typically issues death warrants on Fridays. Because Friday was the July 4 holiday, Terry could receive the death warrant as soon as next Friday, July 11.
