JACKSON, GA (WALB) - The Supreme Court of Georgia has denied a stay of execution for Brandon Astor Jones, who is scheduled to be put to death at 7 p.m. Tuesday by lethal injection.
The 5-2 decision was handed down Tuesday morning.
Jones, 72, was sentenced to death in Cobb County for the 1979 murder of Roger Tackett, who was the manager of a Tenneco gas station and convenience store that Jones and his co-defendant, Van Roosevelt Solomon, broke into after hours while Tackett was doing paperwork. Solomon was executed in 1985.
If carried out, Jones would become the oldest person to be executed in Georgia, and come just 11 days before Jones' 73rd birthday.
In 1989, a Jones was granted a new trial after a federal court threw out the sentence because during deliberations jurors had a Bible in the room.
Jones was re-tried in 1997 and was again sentenced to death.
In addition to denying Jones' motion for a stay of execution, the state Supreme Court also denied his request to appeal a ruling last Friday by the Butts County Superior Court that his execution would be unconstitutionally "cruel and unusual" and "an arbitrary and disproportionately severe sentence."