Skip to main content

US executes Brandon Bernard in rare execution during presidential transition

The Trump administration on Thursday carried out its 9th federal execution of the year and the 1st during a presidential lame-duck period in 130 years, putting to death a Texas street-gang member for his role in the slayings of a religious couple from Iowa more than 2 decades ago. 

4 more federal executions, including one Friday, are planned in the weeks before President-elect Joe Biden’s inauguration. 

The case of Brandon Bernard, who received a lethal injection of phenobarbital inside a death chamber at a U.S. prison in Terre Haute, Indiana, was a rare execution of a person who was in his teens when his crime was committed. 

Several high-profile figures, including reality TV star Kim Kardashian West, had appealed to President Donald Trump to commute Bernard’s sentence to life in prison. 

With witnesses looking on from behind a glass barrier, the 40-year-old Bernard was pronounced dead at 9:27 p.m. Eastern time. 

Bernard directed his last words to the family of the couple he killed, speaking with striking calm for someone who knew he was about to die. “I’m sorry,” he said, lifting his head and looking at the witness-room windows. “That’s the only words that I can say that completely capture how I feel now and how I felt that day. 

Speaking for more than three minutes, Bernard said he had been waiting for this chance to say he was sorry — not only to the victims’ family, but also for the pain he caused his own family. Earlier, he said about his role in the killing, “I wish I could take it all back, but I can’t.” 

Bernard was 18 when he and 4 other teenagers abducted and robbed Todd and Stacie Bagley on their way from a Sunday service in Killeen, Texas. Federal executions were resumed by Trump in July after a 17-year hiatus despite coronavirus outbreak in U.S. prisons. 

Alfred Bourgeois, a 56-year-old Louisiana truck driver, is set to die Friday for killing his 2-year-old daughter by repeatedly slamming her head into a truck’s windows and dashboard. Bourgeois’ lawyers alleged he was intellectually disabled and therefore ineligible for the death penalty, but several courts said evidence didn’t support that claim. 

Before Bernard’s execution, Kardashian West tweeted that she’d spoken to him earlier: “Hardest call I’ve ever had. Brandon, selfless as always, was focused on his family and making sure they are ok. He told me not to cry because our fight isn’t over.” 

And just before the execution was scheduled, Bernard’s lawyers filed papers with the Supreme Court seeking to halt the execution. The legal team expanded to include 2 very high-profile attorneys: Alan Dershowitz, the retired Harvard law professor who was part of Donald Trump’s impeachment defense team and whose clients have included O.J. Simpson, Claus von Bulow and Mike Tyson; and Ken Starr, who also defended Trump during the impeachment and is most famous as an independent counsel who led the investigation into Bill Clinton. 

But about 2 1/2 hours after the execution was scheduled, the Supreme Court denied the request, clearing the way for the execution to proceed. 

Bernard had been crocheting in prison and even launched a death-row crocheting group in which inmates have shared patterns for making sweaters, blankets and hats, said Ashley Kincaid Eve, an anti-death penalty activist. 

Eve forwarded to The Associated Press Bernard’s latest communication with her on Wednesday, in which he wrote, “I feel good today!” Eve, who is an Indianapolis-based lawyer but has not represented Bernard, said he was not as resigned to dying as others executed this year have been.

“He desperately wants to live,” she said. 

Federal executions during a presidential transfer of power also are rare, especially during a transition from a death-penalty proponent to a president-elect like Biden opposed to capital punishment. The last time executions occurred in a lame-duck period was during the presidency of Grover Cleveland in the 1890s. 

Defense attorneys have argued in court and in a petition for clemency from Trump that Bernard was a low-ranking, subservient member of the group. They say both Bagleys were likely dead before Bernard doused their car with lighter fluid and set it on fire, a claim that conflicts with government testimony at trial. Bernard, they say, has repeatedly expressed remorse. 

“I can’t imagine how they feel about losing their family,” Bernard said about surviving Bagley relatives in a 2016 video statement from death row. “I wish that we could all go back and change it.” He also described taking part in youth outreach programs and embracing religion, saying, “I have tried to be a better person since that day.” 

The case prompted calls for Trump to intervene, including from one prosecutor at his 2000 trial who now says racial bias may have influenced the nearly all-white jury’s imposition of a death sentence against Bernard, who is Black. Several jurors have also since said publicly that they regret not opting for life in prison instead. 

Kardashian West said in a series of recent tweets that Bernard’s “role was minor compared to that of the other teens involved.” 

The Justice Department refused to delay Thursday’s execution of Bernard, another inmate Friday and three more in January, even after 8 officials who participated in an execution last month tested positive for the coronavirus. The 8 federal executions in 2020 already is more than in the previous 56 years combined.

One of Bernard’s co-defendants, Christopher Vialva, was executed in September. Todd Bagley’s mother, Georgia, released a statement after that execution, saying, “I believe when someone deliberately takes the life of another, they suffer the consequences for their actions.” 

Prosecutors said Vialva, the oldest of the teens at 19, was the ringleader who shot the Bagleys, as they lay in the trunk before Bernard set the car on fire. 

The teenagers approached the Bagleys in the afternoon on June 21, 1999, and asked them for a lift after they stopped at a convenience store — planning all along to rob the couple. After the Bagleys agreed, Vialva pulled a gun and forced them into the trunk. 

The Bagleys, both of whom were in their 20s, spoke through an opening in the back seat and urged their kidnappers to accept Jesus as they drove around for hours trying to use the Bagleys’ ATM cards. After the teens pulled to the side of the road, Vialva walked to the back and shot the Bagleys in the head. 

The central question in the decision to sentence Bernard to death was whether Vialva’s gunshots or the fire set by Bernard killed the Bagleys. 

Trial evidence showed Todd Bagley likely died instantly. But a government expert said Stacie Bagley had soot in her airway, indicating smoke inhalation and not the gunshot killed her. Defense attorneys have said that assertion wasn’t proven. They’ve also said Bernard believed both Bagleys were dead and that he feared the consequences of refusing the order of the higher ranking Vialva to burn the car to destroy evidence. 

The 1st series of federal executions over the summer were of white men, which critics said seemed calculated to make them less controversial amid summer protests over racial discrimination. 4 of the 5 inmates set to die before Biden’s Jan. 20 inauguration are Black men. The 5th is a white woman who would be the 1st female inmate executed by the federal government in nearly 6 decades. 

The federal prosecutor who had recently sought a life term for Bernard, Angel Moore, said recent research shows people tend to view Blacks as more to blame than their white counterparts when the facts surrounding a crime are the same, and that young Black men are less likely to be given benefits of the doubt by jurors because of their immaturity. 

One juror whose 2016 written statement was included in the White House petition said he still believes Bernard is responsible for “horrible decisions that had horrendous outcomes” but that “I do not believe that Brandon should be executed for bad choices he made when he was 18.” 

Bernard’s 16-year-old daughter had said her father constantly warned her to stay away from the wrong crowds and told her how a single bad decision can ruin your life. 

She added, “I am hoping and asking the President to spare my dad’s life.”     

Bernard becomes the 9th condemned federal death row inmate to be put to death this year and the 12th overall since the federal government resumed executions in 2001.  Bernard becomes the 16th condemned inmate to be put to death this year in the USA and the 1,528th overall since the nation resumed executions on Jan. 17, 1977.  

Source: Associated Press (staff) & Rick Halperin, December 10, 2020


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.