Convicted murderer was set to die when Georgia judge halted execution under new law that could spare his life

Stacey Humphreys, 53, was set to die by lethal injection Wednesday night before a Cobb County judge halted his execution. The stay rests on a law that did not exist when Humphreys was sentenced for the 2003 murders of real estate agents Cyndi Williams, 33, and Lori Brown, 21. The Georgia Supreme Court left the stay in place, according to CBS.

Judge Tyler Browning issued the stay late Tuesday, finding that Humphreys is entitled to a hearing under the Georgia Survivor Justice Act, which took effect last year. With the execution just hours away, the state asked the Georgia Supreme Court to overturn the stay. The court declined to intervene immediately, allowing the stay to remain in place while it considers the state’s appeal through the normal process.

That sets up a longer legal fight over whether the law applies to Humphreys and, if so, whether he qualifies for resentencing. Browning has not ruled that the death sentence must be overturned, only that the defense is entitled to a hearing. The defense maintains that Georgia must let Humphreys use the process it created before carrying out an irreversible sentence.

Humphreys still has to show the abuse contributed to the killings

Under the Georgia Survivor Justice Act, a prisoner can seek resentencing by showing they suffered family violence, dating violence, or child abuse that significantly contributed to the crime. The standard is a preponderance of the evidence. Humphreys’ legal team now bears that burden, as the court has not accepted his abuse claims as proven.

Defense attorney Brian Kammer told the court that Humphreys experienced severe childhood abuse that contributed significantly to his criminal behavior. The allegations include a skull fracture at age three and cigarette burns. His lawyers also cite exposure to drugs and alcohol and years of sexual abuse by his great-grandmother.

The act, passed as HB 582, created a sentencing framework for defendants whose crimes were substantially tied to abuse they suffered. A qualifying defendant can receive 10 to 30 years for an offense normally punishable by death or life imprisonment. The law also allows people already in prison to file petitions, which is how a man convicted in 2007 can use it.

Georgia prosecutors argue the act should not apply here, as Williams and Brown were not the ones who abused Humphreys. The state contends the law was meant for abuse victims who commit crimes against their abusers. However, Browning wrote that the law’s language does not limit it to such cases.

Humphreys was convicted of the double murder at a real estate sales office in Powder Springs. According to trial evidence, he forced the two women to undress and give him their bank PINs before shooting them. He later withdrew more than $3,000 from their accounts and told police he needed money for a truck payment.

Humphreys had exhausted his direct appeals and habeas proceedings, much like the two inmates in Florida’s rare double execution this summer. Lori Brown’s mother, Linda Brown, voiced anger outside the prison, as the case has already gone through decades of litigation. She said Humphreys chose to kill the two women and that the state should do what it promised. Brown’s fiancé, Johnnie Tuggle, said childhood trauma does not negate the choices Humphreys made.

The Georgia Supreme Court is expected to issue a scheduling order for the state’s appeal, while the Cobb County order calls for a hearing on Humphreys’ abuse claims in about 60 days.