Date of Birth: May 11, 1977
Sex: Male
Race: Black
Entered the Row: October 6, 2000
District: Brunswick County
Conviction: Capital murder and robbery
Virginia DOC Inmate Number: 286404
Kevin Green was convicted of robbing a convenience store and shooting the store owners, Lawrence Vaughn and his wife Patricia, on August 21, 1998. Mrs. Vaughn, 53, died during the robbery after being shot in the temple, once in the abdomen and twice in the chest. Mr. Vaughn was shot in the neck and elbow and survived.
Green indicated that he did not intend to shoot anyone; he did not have the gun on safety and it accidentally went off. Vaughn testified at the trial that Green was the shooter who killed his wife. Prosecutors argued that Green knew the owners but had entered the store unmasked, proving the shooting was premeditated.
After deliberating one hour, the six-man, six-woman jury found Kevin Green guilty of capital murder and recommended that Green be sentenced to death.[i] During the penalty phase, the prosecutor referred to Green’s indictment of capital murder in an unrelated case in Mecklenburg County as evidence of his future dangerousness to society. Defense presented an expert witness that testified Green was mildly retarded. On Oct. 6, 2000, Circuit Judge James A. Luke sentenced Green to die. The following year, a jury acquitted Green of the capital murder in Mecklenburg County. Subsequently, the Virginia Supreme Court reversed the death sentence on June 8, 2001 because the
trial judge erred by failing to strike two biased jurors. Green was
retried in November of 2001 and once again found guilty and sentenced
to death.[ii]
On June 6, 2003, the Virginia Supreme Court affirmed the death penalty sentence of Green.[iii]
In March 2007, two judges from Norfolk U.S. District Court ruled that Green was not mentally retarded. Although Green’s IQ is below 70, he failed the required two-prong test because he had “conceptual, social and practical skills" as evidenced by prior employment. The ruling will likely be appealed.[iv]
[i] Richmond Times-Dispatch. June 23, 2000. B-2.
[ii] Richmond Times-Dispatch. Jan. 25, 2002. B-2
[iii] Supreme Court of Virginia. Kevin Green v. Commonwealth of Virginia. June 6, 2003.
[iv] The Virginian-Pilot. March 30, 2007. B4.
