Ga. inmate’s execution set for 7 p.m.

Published 3:46 pm Tuesday, October 20, 2009

ATLANTA (AP) — A man convicted of murdering a pizza store manager during a robbery 15 years ago is scheduled to be executed Tuesday night.

Mark Howard McClain is scheduled to be executed at 7 p.m. at the state prison in Jackson.

His attorney, Brian Kammer, has filed motions with the Georgia Supreme Court and the U.S. Supreme Court seeking stays.

The 42-year-old McClain was convicted of murdering 28-year-old Kevin Brown during a robbery at a Domino’s Pizza in Augusta. Prosecutors said McClain held Brown up at gunpoint, took $130 from the register, then shot and killed Brown as he left the store.

Kammer has argued that McClain deserves a lighter sentence because the shooting was the result of a “single, panicky .22 pistol shot from a considerable distance away.”