
Supreme Court of South Carolina
South Carolina law requires Brad Sigmon to “elect” how the state will kill him on March 7, 2025 — and he opted for death by firing squad. His choices were lethal injection, electrocution, or firing squad, with electrocution the default method of execution if no election is made. According to Mr. Sigmon’s attorney, Gerald “Bo” King, Mr. Sigmon chose the firing squad out of concern about problems with the state’s lethal injection protocol.
Since Mr. Sigmon’s decision on February 21, 2025, his counsel has requested the South Carolina Supreme Court postpone his execution until prison officials provide more information about its lethal injection drugs and protocol. His attorneys have argued in a new filing that Mr. Sigmon faces an impossible choice between execution methods: select a violent death by firing squad or risk a potentially torturous death via lethal injection, about which he does not have adequate information. In his filing, Mr. Sigmon’s attorney cited recently released autopsy results from Marion Bowman’s January 31st execution by lethal injection. The results show that Mr. Bowman received double the typical lethal injection drug dosage (10 grams, instead of 5 grams) used in other states and federal executions. It also revealed that blood and fluid were found in Mr. Bowman’s lungs, indicating he suffered from pulmonary edema. The autopsy of Richard Moore, executed November 1, 2024, similarly revealed that he was administered the same, high dosage of pentobarbital, delivered in two separate doses 11 minutes apart.
Because of a “shield law” passed in 2023, the state is precluded from providing specific information regarding the execution drugs and the individuals involved in carrying out the execution. This also means that South Carolina’s protocol for execution by firing squad and lethal injection have not been made available to Mr. Sigmon and his counsel. His attorneys contend that Mr. Sigmon should be informed about the lethal injection drug’s creation, quality, and reliability in order for him to have a meaningful choice in his method of execution. “If [South Carolina Department of Correction] SCDC’s attestations as to the quality and reliability of its lethal injection drugs were dubious before Mr. Bowman’s autopsy, they are now indefensible,” read Mr. Sigmon’s motion filed with the state Supreme Court.
“Brad Sigmon has repeatedly asked for the basic facts needed to determine if South Carolina’s drugs are expired, diluted, or spoiled. He has thus far been denied. He chose the firing squad because he was unwilling to risk the prolonged, torturous death that he fears his friends endured. Mr. Bowman’s autopsy confirms that those fears were justified.”
In 2021, South Carolina passed a law that would allow for the use of the firing squad in state executions. This legislation was partially motivated by the state’s inability to obtain lethal injection drugs. The constitutionality of this law was challenged, but in 2024, the South Carolina Supreme Court decided that along with lethal injection and electrocution, the firing squad is not considered cruel and unusual punishment, as prisoners can choose the method by which they die.
“There is no justice here…Everything about this barbaric, state-sanctioned atrocity — from the choice of the method itself — is abjectly cruel. We should not just be horrified — we should be furious.”
A year later, in 2022, the SCDC announced the state was prepared to carry out an execution by firing squad. According to a SCDC press release, “three firing squad members will be behind the wall, with rifles facing the inmate through the opening…The inmate will be strapped into the chair, and a hood will be placed over his head. A small aim point will be placed over his heart by a member of the execution team…[and] after the warden reads the execution order, the team will fire.” With the shield law in place, SCDC is precluded from providing additional details about the execution process.
Mr. Sigmon was convicted and sentenced to death in 2001 for the murders of his ex-girlfriend’s parents in their home, as well as well the kidnapping and attempted murder of his ex-girlfriend. Trial counsel for Mr. Sigmon, according to his current legal team, failed to present crucial mitigating evidence to the jury — including evidence of brain damage, mental illness, and childhood trauma that may have led jurors to choose life imprisonment without parole rather than the death penalty. Mr. King also told local news that Mr. Sigmon “is spending a lot of time in prayer. He is deeply devout and has spent pretty much every day of his incarceration trying to express his remorse and penitence for these crimes.”
Only four other states allow for the use of the firing squad: Idaho, Mississippi, Oklahoma, and Utah. Three executions by firing squad have been carried out in in the U.S. since 1977 — all of which have taken place in Utah — with the last use in the 2010 execution of Ronnie Lee Gardner.
Jeffrey Collins, South Carolina man set to face a firing squad seeks postponement, questioning execution procedures, Associated Press, February 26, 2025; Komlavi Adissem, Autopsy shows last man executed in SC effectively drowned, lawyers for next condemned man say, The Post and Courier, February 26, 2025; Nate Stanley, ‘An impossible choice’: Lawyer of death row inmate says he wasn’t given a clear choice, WYFF, February 24, 2025; Eduardo Medina, South Carolina Death Row Inmate Chooses to Be Executed by a Firing Squad, The New York Times, February 21, 2025; Jacey Fortin, U.S. Firing Squad Executions Are Rare, but Their History Is Long, The New York Times, February 21, 2025.
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