Jamaal Howard Executed: His Final Words

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Texas executed Jamaal Howard on Wednesday, Oct. 7, 2026. He was pronounced dead at 8:03 p.m. in Huntsville, the Associated Press reports, citing the Texas Department of Criminal Justice. In his final statement he apologized to Vickie Swartout's family, who were present: "I'm sorry for what happened. I wish you can learn to forgive me one of these days." (AP)

Earlier that day the U.S. Supreme Court denied his application for a stay and his petition for review (No. 26-5759); Justice Ketanji Brown Jackson would have granted the stay. The Texas Court of Criminal Appeals denied a separate request concerning the execution drug, pentobarbital, without comment (CNN, AP).

Jamaal Howard was convicted of capital murder in April 2001 in Hardin County, Texas, for the May 12, 2000 killing of Vickie Swartout, 42, a store clerk in Silsbee, and was sentenced to death. On Oct. 5, 2026, the Texas Court of Criminal Appeals dismissed his new application, which argued he is intellectually disabled, without reviewing the merits of that claim, and denied his motion to stay the execution.

What's confirmed

1. May 12, 2000Vickie Swartout, 42, is shot and killed during a robbery of a convenience store in Silsbee, Texas. (TDCJ inmate record; Howard v. State, 2004)
2. April 2001a Hardin County jury convicts Howard, then 20, of capital murder; he is sentenced to death. Before trial, two competency proceedings were held; the first jury could not agree, the second found him competent. (Howard v. State; Howard v. Davis, 5th Cir. 2020)
3. At the competency hearings a court-appointed psychologist estimated his IQ at 65 to 70, based on portions of a test; the State's expert disagreed and diagnosed an antisocial personality disorder. (Howard v. State, 2004)
4. Oct. 13, 2004the Court of Criminal Appeals rejects an intellectual-disability claim, writing that the testimony was "not sufficiently developed," and affirms. State habeas relief is denied Dec. 12, 2012; the Fifth Circuit denies a certificate of appealability May 11, 2020. (Howard v. State; docket WR-77,906-01; Howard v. Davis)
5. Sept. 28, 2026his lawyers file a subsequent habeas application and a motion for a stay, arguing he is intellectually disabled and that the Eighth and Fourteenth Amendments bar his execution. (Motion for Stay, WR-77,906-02)
6. Oct. 5, 2026the court finds he "failed to show that his allegation satisfies the requirements of Article 11.071 § 5," dismisses the application "as an abuse of the writ without reviewing the merits of his claim," and denies the stay. (Court order, WR-77,906-02)

What we don't know / what's disputed

• The claim that Mr. Howard is intellectually disabled is his lawyers' argument; no court found that he was, and the Court of Criminal Appeals did not reach the merits of the final application.
• We found no public statement from Ms. Swartout's family after the execution, and we do not speak for them.

Sources

1. The Associated Press, Oct. 7, 2026 (execution)apnews.com/article/texas-execution-jamaal-howard-feb0077b1cbf42e2fd49464da30fcb33
2. U.S. Supreme Court docket 26-5759supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/26-5759.html
3. Texas Court of Criminal Appeals docket WR-77,906-02search.txcourts.gov/Case.aspx?cn=WR-77,906-02&coa=coscca
4. Order, Oct. 5, 2026, and Motion for Stay, Sept. 28, 2026 (same docket)
5. Howard v. State, 153 S.W.3d 382 (Tex. Crim. App. 2004)caselaw.findlaw.com/court/tx-court-of-criminal-appeals/1243680.html
6. Howard v. Davis, No. 19-70018 (5th Cir. May 11, 2020)ca5.uscourts.gov/opinions/pub/19/19-70018-CV0.pdf
7. TDCJ scheduled executionstdcj.texas.gov/death_row/scheduled_executions.html
8. TDCJ death row record #999383tdcj.texas.gov/death_row/dr_info/howardjamaal.html
9. The Associated Press, Oct. 7, 2026news4jax.com/news/2026/10/07/texas-set-to-execute-man-for-fatally-shooting-a-convenience-store-clerk-during-robbery-in-2000/
10. Map data: U.S. Census TIGER

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