James Barney Hubbard (March 7, 1930 – August 5, 2004) was an American convicted murderer who was sentenced to death by the state of Alabama in 1977 for the murder of 62-year-old Lillian Montgomery, whom Hubbard had been living with following his release from prison.
On January 10, 1977, then-46-year-old Hubbard called police to report a shooting at Montgomery's home in Tuscaloosa, Alabama, alleging that Montgomery had fatally shot herself. Hubbard, who had previously served a 20-year sentence for a different murder, was subsequently convicted of Montgomery's murder and sentenced to death.
In 2004, more than 27 years after Montgomery's murder, Hubbard was executed by lethal injection. At the age of 74, he was the oldest person to be executed in the United States in decades.
Background
In 1957, Hubbard was sentenced to 50 years in prison following his second-degree murder conviction in the death of David Dockery in Tuscaloosa County, after a claim of self-defense was rejected.[1] Hubbard was released on parole 19 years later in October 1976. He moved into the home of 62-year-old storeowner Lillian Montgomery, who had befriended and sponsored Hubbard to gain his release.[2]
Murder
In January 1977, Hubbard shot Montgomery three times and robbed her of her gold and diamond wristwatch, along with about $500 in cash and checks. Hubbard later called police and reported that he had been drinking whiskey with Montgomery, who fatally shot herself. Montgomery died as a result of three gunshot wounds—one each to the face, head, and shoulder.
Prior to Hubbard's execution, Hubbard's lawyers appealed to the U.S. Supreme Court against his execution on the grounds of his age and ill health, with Alan Rose stating: "He is a sick, frail man. He is harmless, and it makes no sense for the state of Alabama to have executed him." Hubbard was suffering from cancer, hepatitis, and dementia.[3]
The Supreme Court denied a stay in a 5–4 ruling,[3] and Alabama governorBob Riley rejected a request to commute Hubbard's sentence to life in prison, stating: "Justice has not been swift in this case, but justice must be delivered."[4][5][6]
Hubbard was executed on August 5, 2004, at Holman Correctional Facility in Atmore, Alabama, more than 27 years after Montgomery's murder. Hubbard's execution was witnessed by his son and daughter, as well as six members of the Lillian Montgomery's family.[3] Hubbard was 74 years old at the time of his execution, making him the oldest inmate to be executed in the United States since the reinstatement of the death penalty in 1976,[2][7] as well as the oldest inmate to be executed in the United States since the execution of 76-year-old James Stephens of Colorado in 1941.[4][5][6]
