Herbert Smulls, 56, was executed Wednesday evening for the killing of jeweler, Stephen Honickman and shooting and badly injuring his wife, Florence, in 1991. Smulls was pronounced dead at 10:20 p.m. after he mouthed a few words to the two witnesses present, breathed heavily twice and shut his eyes for the last time. His death marks the third lethal injection in the state of Missouri since November of 2013 reported USA Today.
In an effort to get courts to halt the injection, Smulls’ attorney, Cheryl Pilate, filed many last minute appeals saying the state’s refusal to announce where they had received the drug, pentobarbital, made it impossible to know whether or not the drug would cause pain or suffering during the execution.
As a result of the pleas the Supreme Court issued a stay late postponing the death of Smulls from the original time of 12:01 a.m. Wednesday. However after the court cleared the appeals including one issued only 30 minutes before Smulls death, the execution was allowed to commence.
In 1991, Smulls had told Stephen Honickman he was looking for a ring for his fiancé when went to F&M Crown Jewels. With plans to instead rob the jewelry store, Smulls shot once inside the shop and took rings and watches as well. In 1993, he was convicted of first-degree murder and received the death penalty reported Associated Press.