Texas Execution Information Center

Execution Report: Cary Kerr

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A jury convicted Kerr of capital murder in March 2003 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 2005. All of his subsequent appeals in state and federal court were denied.

From 1982 until February 2011, all executions in Texas, as well as in most other states using lethal injection, were performed using a series of three drugs. The first drug in the series was sodium thiopental, a sedative. In late 2010, a nationwide shortage of sodium thiopental began forcing states to either obtain the drug from overseas or find alternatives.

Texas performed two executions in February 2011 using sodium thiopental it had in stock, but for Kerr's execution, it switched to a different drug, pentobarbital, for the first drug in the series. Pentobarbital has long been used across the U.S. for veterinary euthanasia, as well as for human euthanasia in Oregon and the Netherlands. Oklahoma used pentobarbital in combination with other drugs for an execution in December 2010, and Ohio used pentobarbital alone for an execution in March 2011.

In an interview from death row, Kerr expressed worries about being the first prisoner in Texas to be put to death with pentobarbital. "It's very scary," he said. "I'm not volunteering to test nothing for the state." In an apparent misunderstanding, he said "This is a drug not even supposed to be used on pets and yet they're saying we're using it on a human being? That's preposterous it's come to that."

Kerr also denied that he raped and murdered Horton. He said after leaving the bar, they went to his place, had sex, and then had an argument. Kerr said she left his home alive. "I've never denied being with her," he said. Kerr said he was "half drunk" after consuming "about 18 beers". After he told detectives he and Horton had been arguing, "They didn't look at nobody. They looked at me and me only."

Kerr dismissed the testimonies from the four women at his punishment hearing who described his violent acts toward them. "They just made up all that stuff and the jury bought it hook, line, and sinker," he said.

Kerr repeated his claim of innocence on the execution gurney. "To the state of Texas: I'm an innocent man," he said in his last statement. "Never trust a court-appointed attorney." Kerr then asked his friends to search for the person who he claimed committed the crime. "Check that DNA," he said. "Check Scott." The lethal injection was then started. As the drug began to take effect, he sighed deeply and said, "Here we go. Lord Jesus. Jesus." He was pronounced dead at 6:19 p.m.

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By David Carson. Posted on 4 May 2011. Minor correction made on 5 May 2011. Correction concerning the execution chemicals made on 18 July 2012.
Sources: Texas Attorney General's office, Texas Department of Criminal Justice, court documents, Associated Press, Huntsville Item.

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