Statement of the Case
On January 1, 1994, Shawn Paul Humphries shot Dickie Smith, the owner
of
the Max-Saver convenience store in Fountain Inn, South Carolina.
The evidence presented at trial established that for at least seven
hours
on the night before the killing, Humphries and his friend Eddie
Blackwell
drove around drinking beer. They also stole a gun that night.
Shortly
after 7:00 a.m. on January 1, they entered the Max-Saver convenience
store. Smith, who was working in the store, asked Humphries whether
he
wanted something hot, and Humphries flashed the stolen gun [which was
tucked into the front of his pants] and replied that he wanted money.
There was some evidence to suggest Smith then reached under a counter
to
pull out a gun. In fact, a crime scene photo showed the butt of a
gun
under the victim's leg or hip. Humphries fired a shot in Smith's
direction
and fled from the store. The bullet fired by Humphries struck Smith
in the
head, killing him. Meanwhile, Blackwell slumped to the ground in the
store.
The police arrested Blackwell at the scene and apprehended Humphries
later
that day. Humphries immediately confessed his crime and remained
cooperative throughout the arrest.
On August 5, 1994, Humphries was found guilty of attempted armed
robbery,
possession of a firearm during the commission of a violent crime,
criminal
conspiracy, and murder. On August 9, 1994, he was sentenced to death
for
murder based on the sole aggravating factor of attempted armed
robbery.
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