COBB COUNTY, GA — A judge has issued a stay of execution for Stacey Ian Humphreys, who was scheduled to be executed Wednesday evening for the 2003 murders of two Cobb County real estate agents.
The decision came hours after the State Board of Pardons and Paroles denied clemency in Humphreys’ case.
Cobb County Superior Court Judge Tyler Browning granted Humphreys a hearing on the possible reduction of his death sentence under the new Survivor Justice Act. The ruling came about 21 hours before Humphreys was scheduled to receive a lethal injection at 7 p.m.
Defense attorney Brian Kammer alleges Humphreys suffered severe sexual, emotional and physical abuse during his childhood.
“Mr. Humphreys endured years of arbitrary beatings and whippings, he was burned with cigarettes, he suffered a skull fracture at age three,” Kammer said.
Kammer said the law allows survivors of abuse to seek reduced sentences under certain circumstances.
“Survivors of this kind of abuse can request reduced sentencing if they can show that the abuse through violence occurred and that it was a significant contributing factor to the criminal behavior,” Kammer said.
The state argues the Survivor Justice Act does not apply to Humphreys and only applies to people who were abused by the victims they harmed.
State prosecutor Sabrina Graham told the judge the state would need time to prepare if a hearing was granted but would also appeal the ruling.
“Put in the stay so that we can have something we can appeal and perhaps keep the execution going,” Graham said.
Browning’s order says Humphreys’ execution will move forward as planned if appellate courts determine he is not entitled to a resentencing hearing. An appeal to the Georgia Supreme Court is expected.
Humphreys was sentenced to death in 2007 after being convicted of malice murder in the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown. Prosecutors say Humphreys kidnapped the two real estate agents before killing them and taking their debit and credit cards.
If the execution moves forward, it would be Georgia’s first execution this year.
WSB Radio’s Ashley Simmons & Veronica Waters contributed to this story.
