Earl Forrest, 66, is set to die for the December 2002 deaths of Harriett Smith, Michael Wells and Dent County Sheriff's Deputy Joann Barnes.
Forrest's attorney, Kent Gipson, is seeking a stay of execution from the US Supreme Court, arguing that the death penalty is cruel and unusual punishment.
Missouri Attorney General Chris Koster countered that the Supreme Court has already resolved that debate. A clemency request also is pending before Democratic Gov Jay Nixon.
Wells was visiting Smith at the time. An argument ensued, and Forrest shot Wells in the face. He shot Smith six times and took a lockbox full of meth valued at USD 25,000.
When police converged on Forrest's home, he shot Barnes and Dent County Sheriff Bob Wofford, according to court documents. Forrest was also shot in the exchange of gunfire, along with his girlfriend, Angela Gamblin. Wofford and Gamblin survived.
Missouri's death row population is dwindling. Robert Dunham, executive director of the Death Penalty Information Center in Washington, said juries today are less likely to opt for capital punishment, in part because of greater awareness of how mental illness sometimes factors in violent crime.
Just 49 people were sentenced to death nationally last year, the fewest since US Supreme Court reinstated the death penalty as a possible punishment in 1976. No one was sentenced to death in Missouri in 2014 or 2015, Dunham said.
