By Tom Powell
A man known as the “Houdini” of death row for avoiding seven execution dates through legal challenges has finally been put to death for a 1982 murder.
Tommy Arthur, 75, was pronounced dead at 12.15am local time on Friday at a prison in south-west Alabama after a lethal injection, authorities said.
Arthur was convicted of killing riverboat engineer Troy Wicker after being hired to shoot him as he slept in his bed.
“Thirty-four years after he was first sentenced to death for the murder of a Colbert County man, Thomas Arthur’s protracted attempt to escape justice is finally at an end,” Alabama Attorney General Steve Marshall said in a statement. “Most importantly, tonight, the family of Troy Wicker can begin the long-delayed process of recovery from a painful loss.”
During his final statement, Arthur appeared to cry and got choked up as he said he wanted to apologise to his four children and said each of their names.
“I’m sorry I failed you as a father. I love you more than anything on earth,” Arthur said. He waved his fingers in the direction of his daughters, who watched from a witness room.
Mr Wicker’s two sons witnessed the execution but did not make a statement to the media.
Arthur’s lawyers filed a flurry of last-minute appeals seeking to halt the execution, but the US Supreme Court paved the way for the execution to proceed shortly before 11pm. The state prison system began administering the lethal injection drugs around 11.50pm before the death warrant expired at midnight. Arthur was not pronounced dead until after midnight.
Mr Wicker’s wife, Judy, initially told police she came home and was raped by a black man who shot and killed her husband.
After her conviction, she changed her story and testified that she had discussed killing her husband with Arthur, who came to the house in make-up and an Afro-style wig and shot her husband. She said she paid him 10,000 US dollars.
Arthur was in a prison work-release programme at the time for the 1977 killing of his sister-in-law, a crime he admits committing.
His first two convictions in the Wicker case were overturned, but the third one was not. Arthur asked jurors to give him the death penalty. The decision was strategic, he said, to open up more avenues of appeal.
The state set seven execution dates for Arthur between 2001 and 2016. All were delayed as a pro-bono legal team fought his sentence. In 2016, Arthur came especially close to the death chamber.
In a telephone interview on Monday, Arthur maintained his innocence but acknowledged that his chance of another stay was diminishing.
“I’m terrified, but there’s nothing I can do,” he said.
Janette Grantham, director of the Victims of Crime and Leniency, called the years of execution delays exceedingly painful for Mr Wicker’s family to bear.
Arthur’s lawyers had asked the US Supreme Court to halt the execution. They argued that the opening sedative in Alabama’s execution protocol – midazolam – would not properly anaesthetise him before he was injected with other drugs to stop his heart and lungs.
In December, inmate Ronald Bert Smith coughed for the first 13 minutes of his execution and moved slightly after two consciousness tests. Arthur’s lawyers argued that Smith was awake during his execution. The state responded that there was no evidence Smith experienced pain.