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Miss. executes man for '94 slaying of Tupelo motel clerk
by Jack Elliot Jr./The Associated Press
18 months ago | 7817 views | 42 42 comments | 20 20 recommendations | email to a friend | print
Greg Gordon, brother-in-law of robbery murder victim and Tupelo motel manager Floyd Melvin McBride, reads a family statement to reporters while Mississippi Department of Corrections Commissioner Chris Epps, listens, following the execution of death row inmate Joseph Daniel Burns, Wednesday evening at the state penitentiary in Parchman Burns was executed by lethal injection for the 1994 robbery and stabbing death of McBride. (AP Photo/Rogelio V. Solis)
Greg Gordon, brother-in-law of robbery murder victim and Tupelo motel manager Floyd Melvin McBride, reads a family statement to reporters while Mississippi Department of Corrections Commissioner Chris Epps, listens, following the execution of death row inmate Joseph Daniel Burns, Wednesday evening at the state penitentiary in Parchman Burns was executed by lethal injection for the 1994 robbery and stabbing death of McBride. (AP Photo/Rogelio V. Solis)
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PARCHMAN — Mississippi on Wednesday executed Joseph Daniel Burns for the 1994 stabbing death of a Tupelo motel clerk.

The 42-year-old was given a lethal injection Wednesday evening at the State Penitentiary at Parchman. Burns was pronounced dead at 6:50 p.m. It was Mississippi's third execution this year.

Burns was convicted of murder in 1996 and was sentenced to death for the slaying of Floyd Melvin McBride at the Town House Motel. Prosecutors said Burns stabbed McBride while an accomplice opened the motel safe, then the two men fled with money from the safe.

Burns, clad in a red prison jumpsuit and white sneakers, apologized to McBride's sister and nephew, asking them to forgive him "for this evil and pain I brought on you."

Strapped to a gurney with IV tubes in his arms, he recited the 23rd Psalm. After the final line — "And I will dwell in the house of the Lord forever" — he added, "You can believe that because that's where I'm going."

"All right, devil, let's do your work. That's it," he said as corrections officials cut off the microphone.

After a short time he closed his eyes and was still.

His mother and a sister were on hand as witnesses. No member of Burns' family came to the media center to speak after the execution. His body was turned over to a Tupelo funeral home.

McBride's brother-in-law, Greg Gordon of Tupelo, read from a statement in which he asked for prayers for both families.

Gordon said it was only through those prayers that the McBride family could forgive Burns for what he did.

"It is only through God's love, mercy and grace that we were able to forgive and pray" for Burns, Gordon said.

"Today, justice was served for that senseless act," he said.

Earlier Wednesday, Republican Gov. Haley Barbour denied Burns' request for clemency.

"I will not substitute my judgment for that of the courts, which have considered the matter," Barbour said.

Mississippi allows the death penalty in cases where a person is convicted of murder along with another felony, such as robbery.

Burns had been scheduled to die at 6 p.m., but the U.S. Supreme Court asked the state Wednesday afternoon to delay the execution while justices reviewed issues raised by Burns' attorneys, including whether Burns was denied a mental evaluation. State officials agreed to the delay.

Less than a half hour after the originally scheduled time, the stay was denied. Soon after the denial was announced, witnesses were escorted to the execution site.

Burns had spent Wednesday in a cell near the death chamber. He visited with his mother, three sisters and two daughters.

Burns did not initially request a last meal, but later changed his mind. Corrections Commissioner Chris Epps said Burns had roast beef and turkey sandwiches and a soft drink. Epps said Burns declined a sedative.

Burns' lawyers claimed in the petition to the U.S. Supreme Court that Mississippi judges should have allowed the inmate's expert to conduct a psychological evaluation that could have been used for clemency or appeals. Prison officials won't allow defense experts to have access to death row prisoners without a judge's order, the petition said.

"When Burns was denied access, he was denied his fundamental constitutional rights," the lawyers argued.

Burns' lawyers also claimed his attorney did not properly prepare for the sentencing phase of his trial. The Mississippi Supreme Court rejected a similar argument.

Mississippi Attorney General Jim Hood said in papers filed with the high court that Burns had plenty of time to file an appeal with the nation's highest court.

"By waiting until the last minute to file these actions no other conclusion can be reached other than petitioner is attempting by any means to delay his execution with the tardiness of his filings," Hood wrote.
Comments
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elijahembree
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July 23, 2010
ultracreep you a perfectly right, but also mistaken. It is not about closure even though people will tell themselves it will help. Vengeance is a huge part of it also, but more importantly it is a sign to others what will happen if they commit that crime. Personally I don't think public flogging should have been banned it is a lesson that all can see and is way more merciful than death. Punishment should not be private it should be a public act. By making it "behind the scenes" it defeats the purpose it was initially designed for, to teach a lesson to those that would try and follow in the footsteps of the person at fault.
elijahembree
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July 23, 2010
mike, the first couple are the important ones. I added the last 2 because I found them when looking for the first couple. I did not want to misquote so I found them to get them word for word. If everyone was raised by "spare the rod, spoil the child" we would all accept the fact that we get what we earn. If you have never raised dogs or any pet for that matter, when one of them gets terminal you put it down. The same goes for when that pet gets violent and attacks a neighbor. Heinlein, and I agree with him, states that you don't "farm it out" so to speak by putting the violent animal in the care of someone else "Jail/Taxpayers" you stop the issue right at the root. If our Society was armed which is frowned upon everyone would be a lot more cautious with there actions I personally have no problem with vigilantes.
ultracreep
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July 22, 2010
Killing someone else never brings back the dead. Closure is a myth, it's not about closure, because for the loved ones of the victim, that pain never goes away. This is about vengeance, which ultimately is futile. Also, death penalty cases, due to the lengthy appeals, always cost the taxpayer more money. The legal system is also woefully skewed against minorities and the poor and more than a few people have been sentenced wrongly. Those are but a few of the problems I have with the death penalty. This man had a family too, and they probably mourn just as deeply as the family of the victim does for their lost loved one. It doesn't make a damned thing better, it just spreads the misery around.
Mikefromms
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July 22, 2010
And what is your point Mr. Elijah? There's an old saying that says just because the water is muddy doesn't mean it is deep. That's really muddy.
elijahembree
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July 22, 2010
I am going to quote a few different sources here, the first being the Bible. With this statement I do whole heartedly agree "Spare the rod, Spoil the child". I don't mean beat the child that is something else entirely.

Now for quotes from one of my favorite authors Robert A. Heinlein.



When the need arises — and it does — you must be able to shoot your own dog. Don't farm it out — that doesn't make it nicer, it makes it worse.

"An armed society is a polite society. Manners are good when one may have to back up his acts with his life".

"A dying culture invariably exhibits personal rudeness. Bad manners. Lack of consideration for others in minor matters. A loss of politeness, of gentle manners, is more significant than is a riot..."

"The America of my time line is a laboratory example of what can happen to democracies, what has eventually happened to all perfect democracies throughout all histories. A perfect democracy, a ‘warm body’ democracy in which every adult may vote and all votes count equally, has no internal feedback for self-correction. It depends solely on the wisdom and self-restraint of citizens… which is opposed by the folly and lack of self-restraint of other citizens. What is supposed to happen in a democracy is that each sovereign citizen will always vote in the public interest for the safety and welfare of all. But what does happen is that he votes his own self-interest as he sees it… which for the majority translates as ‘Bread and Circuses.’

‘Bread and Circuses’ is the cancer of democracy, the fatal disease for which there is no cure. Democracy often works beautifully at first. But once a state extends the franchise to every warm body, be he producer or parasite, that day marks the beginning of the end of the state. For when the plebs discover that they can vote themselves bread and circuses without limit and that the productive members of the body politic cannot stop them, they will do so, until the state bleeds to death, or in its weakened condition the state succumbs to an invader—the barbarians enter Rome."

rlhoman
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July 22, 2010
Well...this is again for you anti-state.

I am a little nervous because I have to agree with everything you said in your rebuttal to me. WOW. Paticularily the one about taking the substance of the shelves. All that acomplished was to force a person to go underground and become a criminal.

I agree with your statements we deserve the government we have. But I wil lsay I think we have the best livinging conditions on earht. I do not have all teh answers to our problems of society. I think the largest problem we as a society has is giving up. Thinking that you cannot make a difference. When that happens the strong will overun the weak. As long as there are foremus like this to express our feelings then it means there are a few of us that have not given up. Compromise has to happen to make things happen. As you and I have disagreed we have also agreed. This is what can solve problems as long as someoen does not get too stubborn and think out loud...why do you think like this...for that fact why do I think like I think? If you cant come up with a good answer..then maybe you should take a good look at yourself and change he way you think.
Mikefromms
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July 22, 2010
Colonel_Kudzu, I couldn't have said it better. Your comment is perhaps the most concise and to the point of any comments made on this matter! Everybody needs to think on that. (It's about time someone side tracked us with another matter because they certainly can't argue effectively with what you said).
Colonel_Kudzu
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July 22, 2010
Burns will never murder again. I am disappointed that it took 14 years. He got to live 14 years longer than Mr McBride.
Mikefromms
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July 22, 2010
I do have to make one more comment as a preacher. Some folks here need to do some serious Bible study and look at the "total" picture on the subject of killing.

First, Thou shalt not kill does not prohibit all kinds of killing. Come on...this is like people saying pulling Judge not out of context. That doesn't prohibit all judging. Actually, as someone has pointed out, thou shalt not kill translated more specifically is thou shalt not "murder". From the beginning man was told that if he shed man's blood (murder) then by man's hands his blood would be shed. Jesus never rallied against the death penalty. Paul the Apostle was falsely accused in court one time and commented that if he has done anything worthy of dying, HE REFUSED NOT TO DIE. That is a strong vote for the death penalty. Keep in mind he was inspired and he also said, as someone pointed out, concerning the government personified, HE BEARTH NOT THE SWORD IN VAIN... The sword is an instrument of death.

Many folks are against the death penalty because they have had relatives in prison or executed; others, fought in a war where they saw a lot of blood, explosions, dying, killing and perhaps had to kill someone themselves. Often, the guilt associated with having done this causes one to take the anti-death penalty point of view. But their views are clouded by their unpleasant experiences.

Just as having to fight in war and kill the enemy to protect your family and country is not "murder"; so, neither is the government as God's ordained servant (Romans 13:1 beginning) is not guilty of "murder" when it "bears not the sword in vain" and puts "murderers" to death.

One has to be totally dishonest, ignorant, or just really hasn't read nor believe the Bible to set forth the proposition that God is against capital punishment. And friends, capital punishment used to be for worse than what it is now. People were stoned, drowned, hanged, nailed to crosses.

When it is proven beyond the shadow of a doubt the person is guilty, you'd better believe God puts His stamp of approval on it.

Be careful not to create God as you would have him your mind. He is a just and fair God. You need to understand His justice system. Read the Bible carefully and look up words you don't understand in a Bible dictionary or concordance like Strongs that gives definitions.

I want to agree with God. Don't you?
tupelojoe81
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July 22, 2010
anti-state, if you dont like the govt, canada and mexico will accept you, then see how bad things are. Land of the free, which also means, you are free to leave since you are so pissed at the world.
Mikefromms
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July 22, 2010
Hey, give us more details...lethal injection is too easy for murderers. I think they should die exactly like their victim.

Anyway, enough about the murderer already. Let's get on with life. He was about death and imposed a death sentence on his victim. He's gone. Let's not appear to celebrate his life or anything about him by continuing to print articles about such human trash.
dawg63
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July 22, 2010
Three down...."NEXT!!"
anti-state
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July 22, 2010
thanks for your post rlhoman. your views pretty much sum up why we have a federal government that does anything it wants, including illegal foreign wars, why we have a state government that is corrupt from top to bottom, e.g. the failed beef plant, the scruggs/moore tobacco settlement, etc., and why we have a local city council that ignorantly bans a substance that someone can misuse and get "high"

yep, the government we have it about what we deserve
rlhoman
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July 22, 2010
This one is for you anti-state.

It amazes me how different we as individuals think. The state putting someone to death is never sad and chilling to me as it is to you. It is a feeling of relief. First, the person can never cause anyone, even someone in prison, any harm ever again. Secondly, I have the satisfactioin that I am not feeding and buying toilet paper and television for the person anymore.

I am a realist. No war has ever been fought that some innocent bystander didn't get killed. And no, I do nto think that juries are always 100% right. But being a realist, if you have cancer in your wrist, would you be willing to have your entire arm cut off so your body can survive? Anytime you deal with humans, paticularily in a violent situation, there will be mistakes. But realistically you cannot stop prisecuting crime because one police officer might make a mistake. So I guess you are goig to have to be appaled because I do believe that one innocent person's death is a small price to pay for the safty of the rest of society. And it might be mine someday. I am not happy that an innocent person might die, but as a realist, I know that that is part of the price we pay for what we receive. And that is a society that does not have to look over their shoalder 24 hours a day to make sure the person they talked to 10 minutes ago is not stalking them for their shoes. That went out with cavemen.
rlhoman
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July 22, 2010
Davis64...I am not going to call you an idiot. That would demean both of us. However by your statements below you are assuming everyone thinks like you.....

"talonted, if he is in prison for life he is no longer a threat to society. And who knows, he may one day prove he is rehabilitated and can be a productive, though limited, member of society. He is human and deserves dignity regardless of his mistakes."

First of all I am not willing to work and pay for someone who committed a crime like he committed to live a life of ease. If you want to then that is a choice you make. But do not shove it down my throat.

Secondly you remark he is human and deserves dignity regardless of his mistakes. If he was human then he would not have stabbed a man in the back of the neck with a screwdriver for money to go gamble. He is an animal with no emotion for whomever he is killing. If you truly believe that someone with this lack of conscience and emotion that will take another human life for the thrill of it is human then maybe you are an idiot and need locked up yourself so you can be given a mental evaluation. How in the world can anyone offfer a pitbull a handfull of food right after they have bitten your hand half off? THat is what you are alluding to.

Read more: NEMS360.com - Miss executes man for 94 slaying of Tupelo motel clerk

anti-state
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July 22, 2010
the state putting someone to death is always sad and chilling. the victims are usually brown and live overseas. however a white criminal in our own back yard is no less disturbing. the state's power hath no bounds and from the bloodlust comments to this article, i sadly do not see that changing anytime soon.

Even though this thug was obvioulsy 100% guilty and deserved to be locked away forever, I guess the majority believes that the state gets it right 100% of the time and never makes a mistake. if you believe the government (and juries) are right 100% of the time, I pity your ignorance. If you believe that it's an acceptable price for one innocent person to die so that the death penalty can be enforced on hundreds of the truly guilty, I'm appalled. Finally, if you think you've got a spot on handle of "God's view of the State of Mississippi putting someone to death," your delusional.
WTFDude
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July 21, 2010
"those who"
WTFDude
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July 21, 2010
For who don't think that the death penalty is a deterrent, I just have to say from personal experience that it's kept me from acting on the desire to choke the living s^&t out of a number of idiots over the years. :)

MarkJo
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July 21, 2010
Finally Joseph Burn's victim got the justice that he deserved. Burns was just taking up air that others now can breath.

taxed2death
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July 21, 2010
Being put to death is supposed to be a visual lesson for everyone. It is intended to be a deterrent for crime. It should instill the fear of death into each person. If you kill, then you will be killed. Unfortunately, the way the legal system draws it out over a course of decades, the fear of death is no longer an obstacle. Criminals do not fear the justice system any longer. Most realize that through a mere technicality, they will more than likely serve little if any time. For those who do get sentenced to death, they are more likely to actually die from natural causes than from execution! Bring out the rope!....