Wallace Fugate

Overview

Wallace Fugate was executed by lethal injection in Georgia on August 16, 2002. He was sentenced to death for the May 4, 1991 murder of his ex-wife, Pattie Fugate, committed in front of their 15-year-old son, Mark.

Timeline

• May 4, 1991 — Wallace Fugate attacked his ex-wife, Pattie Fugate, when she returned home, pistol-whipped her at gunpoint, and shot her in the forehead in front of their 15-year-old son, Mark.
• 1991 — Wallace Fugate was sentenced to death for the murder of his ex-wife, Pattie Fugate.
• June 18, 2002 — A Fulton County judge halted Wallace Fugate’s execution, and additional proceedings followed before his eventual execution.
• August 14, 2002 — The Georgia Supreme Court issued a stay of execution, and later lifted it so the execution could proceed.
• August 16, 2002 — Wallace Fugate was executed by lethal injection at 9:46 p.m.

Background

Wallace Fugate was described as Wallace Marvin Fugate III and “Buck” Fugate III. He and Pattie Fugate had been married for 20 years before a divorce that led a judge to order the two to stay away from each other. Fugate turned himself in immediately after his wife died of a gunshot wound. He claimed the gun fired accidentally during a struggle with his ex-wife.

The offence

Wallace Fugate forced his way into Pattie Fugate’s home, waited for her return, and directed her outside at gunpoint when she arrived. He pistol-whipped her about 50 times and shot her in the forehead. The killing occurred in front of their 15-year-old son, Mark. During court testimony, Fugate was described as having attacked Pattie in her home, pistol-whipping her, firing his gun to subdue her, dragging her toward a van, and then shooting her in the head.

Investigation

Mark gave a written statement to police following the shooting in which he said he did not see his father shoot his mother. At trial, Mark testified that he saw his father hold his mother’s head back by her hair and shoot her.

Arrest

Wallace Fugate turned himself in immediately after his wife died of a gunshot wound.

Trial

At trial, Wallace Fugate was described as admitting the shooting while claiming that, during a struggle in a van outside the family home, the gun fired accidentally.

A Putnam County jury took less than an hour to return a guilty verdict and sentenced Fugate to death. Mark testified at trial. A number of details were discussed about the jury evidence and conflicting accounts, including Mark’s prior written statement to police that he did not see his father shoot his mother.

Sentencing

A Putnam County jury sentenced Wallace Fugate to death.

Appeals

Fugate had appeals pending before both the Georgia and U.S. Supreme Courts. A three-judge panel of the 11th Circuit Court of Appeals upheld the death sentence, and the U.S. Supreme Court refused to hear the appeal in May. The state Supreme Court denied his appeal on Wednesday, and the U.S. Supreme Court refused to grant a stay Friday night.

Fugate filed claims related to the lethal injection protocol. A federal judge rejected Fugate’s claim that Georgia’s procedure for lethal injection is cruel because the sequence of drugs allows prisoners to feel intense pain if the sedative wears off before death. U.S. District Judge Clarence Cooper cleared the way for Fugate’s execution by siding with state attorneys. Jayson Phillips, an assistant attorney general, argued that the district court did not have jurisdiction and that Fugate’s attorneys were trying to delay the execution; Cooper agreed without comment.

Fugate also pursued claims that the state Pardons and Paroles Board unfairly denied clemency. The Georgia Supreme Court issued a temporary stay to consider that claim, including discussion of proceedings and board composition following resignations and an ethics probe.

Outcome

Wallace Fugate was executed by lethal injection on August 16, 2002 in Georgia. He was pronounced dead at 9:46 p.m. at a state prison in Jackson, Georgia, about 50 miles southeast of Atlanta. His final statement called the U.S. criminal justice system corrupt, thanked his lawyers, and said he loved his son.

Aftermath

After the stay decisions and lifting of stays, the execution proceeded.

Final meal

Fugate was given the same meal as other inmates after being served sirloin steak, lobster, baked potato and butterscotch ice cream on Wednesday: spaghetti, salad and a roll.

Final words

Fugate made a final statement before his execution calling the U.S. criminal justice system corrupt, thanking his lawyers and saying he loved his son. He also said: "I feel right with God. Nothing to worry about."

Lethal injection procedure details mentioned in the record

A lethal sequence of three chemicals was pumped into Fugate’s body: the sedative sodium pentothal, followed by Pavulon to paralyze his lungs, and potassium chloride to stop his heart. After being administered sodium pentothal, Pavulon, and potassium chloride, Fugate nodded to his attorney and a paralegal, smiled weakly, then yawned, rolled his head to the right and died.