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)

Maldives | Death penalty law for drug trafficking now in effect

MALÉ, Maldives (DPN) — The Maldives has officially brought into force an amendment to its Narcotics Act that introduces the death penalty for large-scale drug trafficking, marking a significant and controversial shift in the island nation’s criminal justice policy. The amended law, which took effect Saturday, March 7, 2026, allows for capital punishment in cases involving the smuggling and importation of specific quantities of illicit substances. The move fulfills a key pledge by President Dr. Mohamed Muizzu’s administration to crack down on the country’s growing narcotics crisis and protect what he has termed the nation’s “100 percent Islamic society.” Thresholds for Capital Punishment Under the new provisions, the death penalty is not a mandatory sentence but an available option for the judiciary when specific criteria are met. The law establishes clear weight thresholds for substances brought into the country: Cannabis: More than 350 grams. Diamorphine (Heroin): More than 250 grams....

Prosecutors seek death penalty in 2 Georgia cases

AUGUSTA, Ga. (WRDW/WAGT) - Prosecutors are seeking the death penalty in two separate Georgia criminal cases. One involves the killing of a Gwinnett County police officer and another is over the death of a 4-year-old girl in Hall County . Kevin Andrews is charged in the death of 25-year-old Gwinnett County Police Officer Pradeep Tamang, who was shot and killed while investigating a credit card fraud case. Authorities said Andrews had an outstanding warrant and shot at officers without warning. Another officer, David Reed, was seriously injured.

Georgia | Death penalty sought against woman in brutal killing of 4-year-old

GAINESVILLE, Ga. — Prosecutors in Hall County are seeking the death penalty against a woman accused of the brutal killing of a 4-year-old girl whose body was found in a parked car last fall. In a court filing Monday, the State announced its intent to pursue capital punishment for Jessica Motes, who faces a litany of charges including malice murder, felony murder, aggravated battery, and first-degree cruelty to children. The case began on Oct. 26, 2025, when authorities discovered the body of 4-year-old Autumn Fox. The child’s remains were found inside the trunk of a vehicle parked at a Sam’s Club in Oakwood, approximately 50 miles northeast of Atlanta.

Alabama | Gov. Ivey commutes Charles “Sonny” Burton’s death sentence

MONTGOMERY, Ala. (WSFA) - Gov. Kay Ivey has commuted the death sentence of Charles “Sonny” Burton, who was set to be executed Thursday. The governor’s office released the following statement: “Governor Kay Ivey on Tuesday announced that she has commuted the death sentence of Charles L. Burton to life in prison with no chance of parole. Mr. Burton was convicted and sentenced to death for the 1991 capital murder of Doug Battle in Talladega, Alabama. As required by law, the governor first reached out to a representative of Mr. Battle’s family. She also notified the attorney general. Governor Ivey’s letter to Alabama Department of Corrections Commissioner John Hamm is attached.

Texas Plans Second Execution of the Year

Cedric Ricks is set to be killed on March 11 Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” The Tarrant County jury was unmoved. Ricks has spent the last 13 years on death row and is scheduled to be executed on March 11.

Supreme Court Denies Alabama Appeal, Allowing New Trial in Death Row Case

The U.S. Supreme Court has cleared the way for a new trial for one of Alabama’s longest-serving people on death row after declining to review a lower court ruling that prosecutors violated his constitutional rights by intentionally rejecting Black jurors.  According to an article written by the Associated Press, one of the longest-serving death row inmates in Alabama might receive a new trial after the U.S. Supreme Court rejected the state’s appeal of a lower court’s ruling that prosecutors had violated his rights by intentionally rejecting Black jurors.  According to the article, on Monday, the U.S. Supreme Court declined to review the ruling from the 11th U.S. Circuit Court of Appeals. This decision paved the way for Michael Sockwell, the 63-year-old death row inmate, to receive a new trial.

Missouri Man Said DNA Test Could Prove Innocence. He Was Executed Before a Court Ruled.

Lance Shockley died by lethal injection last year. State courts have rejected prisoners’ requests for DNA testing in recent years. Lance Shockley, a man on death row in Missouri, wanted items from the crime scene to undergo DNA testing to potentially prove his innocence. The court scheduled proceedings on his request — but the date set was for two days after his execution. Patty Prewitt can’t have her DNA tested — and fully clear her name — because her sentence was commuted and she is no longer in prison. And others, including Lamar McVay, who is serving 30 years for a robbery, can’t even get an answer from the state on his DNA testing request. He's still awaiting a ruling on a motion he filed in September 2022.

Florida executes Billy Kearse

Florida executes man who killed Fort Pierce police officer during 1991 traffic stop Moments before receiving a lethal injection, Billy Kearse asked for forgiveness from the family of Danny Parrish, whose widow said she found peace after a "long, long 35 years.” A man convicted of fatally shooting a police officer with his own service weapon during a traffic stop was executed Tuesday evening, becoming the third person put to death by Florida this year after a record 19 executions in 2025.

Chinese courts conclude trials of 2 criminal gangs from northern Myanmar, 16 sentenced to death

Chinese courts have concluded the trials of 2 major criminal groups based in northern Myanmar involved in telecom and online fraud, the Supreme People's Court (SPC) said Thursday.  At a press conference held by the SPC, it was revealed that by the end of 2025, courts across the country had concluded first-instance trials of over 27,000 cases related to telecom fraud operations in northern Myanmar, with more than 41,000 returned suspects sentenced.  Notably, among the trials of the so-called "4 major families" criminal gangs -- which had drawn widespread domestic and international attention -- those of the Ming and Bai groups have completed all judicial proceedings.

Florida | Governor DeSantis signs death warrant in 2008 murder case

TALLAHASSEE, Fla. — Governor Ron DeSantis has signed a death warrant for Michael L. King, setting an execution date of March 17, 2026, at 6 p.m. King was convicted and sentenced to death for the 2008 kidnapping, sexual battery and murder of Denise Amber Lee, a 21-year-old North Port mother. On January 17, 2008, Michael Lee King abducted 21-year-old Denise Amber Lee from her North Port home by forcing her into his green Chevrolet Camaro. He drove her around while she was bound, including to his cousin's house to borrow tools like a shovel.  King took her to his home, where he sexually battered her, then placed her in the backseat of his car. Later that evening, he drove to a remote area, shot her in the face, and buried her nude body in a shallow grave. Her remains were discovered two days later. During the crime, multiple 9-1-1 calls were made, but communication breakdowns between emergency dispatch centers delayed the response.  The case drew national attention and prompted w...