Chief Judge J. Carlisle Overstreet signed the order which sets the window from Oct. 20 to Oct. 27 for the execution of Mark H. McClain, who was convicted of murder and armed robbery and sentenced to death by a Richmond County Superior Court jury in September 1995.
Mr. McClain, 43, shot to death 28-year-old Dominos Pizza manager Kevin Brown the night of Nov. 20, 1994.
District Attorney Ashley Wright said Thursday that Mr. McClains attorneys can request a stay of execution from Judge Overstreet or from the appellate courts, including the U.S. Supreme Court which rejected his petition earlier this week. They have filed a motion for a rehearing with the Supreme Court
Mr. McClain has lost appeals at every stage as attorneys tried to convince state and federal judges that he did not have a fair trial. The courts have consistently ruled there was no reason to overturn Mr. McClains conviction or death sentence.
Mr. McClain had been on parole for about six months he served about four years of a 10-year sentence for a South Carolina armed robbery when he walked into the Azalea Plaza pizza store just after closing time. According to trial testimony, Mr. McClain held up Mr. Brown at gunpoint, turned to leave the store and fired on Mr. Brown from the doorway. Mr. Brown was unarmed. A delivery man who ran from the store when Mr. McClain pulled a gun was able to get the license plate number when the shooter left.