Biden commutes federal death sentences, reshaping death row for inmates from the Carolinas

CHARLOTTE, N.C. — President Joe Biden’s decision to commute the sentences of most people on federal death row will change the fate of six convicted murderers whose crimes happened in North Carolina and South Carolina.

Their punishments will be converted to life imprisonment just weeks before President-elect Donald Trump, an outspoken proponent of expanding capital punishment, takes office.

The move spares the lives of people convicted in killings, including the slayings of police and military officers, people on federal land, and those involved in deadly bank robberies or drug deals, as well as the killings of guards or prisoners in federal facilities.

It means just three federal inmates are still facing execution. They are Dylann Roof, who carried out the 2015 racist slayings of nine Black members of Mother Emanuel AME Church in Charleston, South Carolina; 2013 Boston Marathon bomber Dzhokhar Tsarnaev; and Robert Bowers, who fatally shot 11 congregants at Pittsburgh’s Tree of Life Synagogue in 2018, the deadliest antisemitic attack in U.S history.

Of the 37 people who will no longer be on death row, three are from North Carolina and three are from South Carolina.

Barnette, a Charlotte man, killed two people in 1996 — Robin Williams, his ex-girlfriend, and Donald Allen, a man whose car he stole before he killed her. 

Court records state that Barnette was living in Roanoke, Virginia with Williams but they later separated and Barnette returned to Charlotte. In April 1996, Barnette smashed the windows of Williams’ apartment with a baseball bat, poured gasoline on the apartment, and set fire to the building. He also set fire to another man’s car outside the apartment.

Williams suffered second-degree burns in the fire but survived. She reported the incident to police and Barnette was wanted for attempted murder and arson. 

Barnette later illegally bought a shotgun in Charlotte and planned to head to Roanoke in June 1996. He waited for a car to pass near the intersection of Billy Graham Parkway and Morris Field Road. Barnette ordered Allen out of his car when he approached the intersection. He shot and killed him before he fled the scene. 

After arriving at the home where Williams was staying, Barnette forced his way in and chased Williams down the street. He shot her twice and killed her. 

Barnette was convicted of 11 charges and sentenced to death in a 1998 trial. His appeal attempts were dismissed.

Basham, 43, and Fulks, 47, kidnapped, raped, and killed 44-year-old Alice Donovan in Conway, South Carolina and 19-year-old Samantha Burns in West Virginia in November 2002. 

These murders happened during a 17-day crime spree by Basham and Fulks after they escaped a Kentucky prison, according to court records. 

Basham and Fulks carjacked a Kentucky man at knifepoint and tied him to a tree, stole firearms in Indiana, and stole a woman’s purse in Ohio, among other crimes, before they carjacked, raped, and killed Donovan and Burns.

Authorities eventually arrested the pair. They were federally indicted indicted for carjacking resulting in death, kidnapping resulting in death, and using firearms during “crimes of violence,” among other charges.

Fulks pleaded guilty to all of his charges in May 2004. Basham was found guilty of all his charges in a September 2004 trial. Prosecutors sentenced both to death for the kidnapping death and carjacking death-related charges. They were given 744-month sentences for the remaining charges.

Appeals by both offenders were denied by the SC district court and Fourth Circuit Court of Appeals immediately following their court proceedings. In 2016, they requested to appeal again in light of multiple Supreme Court decisions, including United States v. Taylor (2022), which states that kidnapping is no longer considered “a violent crime.” 

Basham and Fulks were allowed to appeal in 2023, arguing that if kidnapping is no longer a violent crime, they should not receive the death penalty for a crime related to it. They also argued that carjacking is not a violent crime. 

However, the Appeals Court stated in October that carjacking remains a violent crime by definition. Additionally, the Court believes the kidnapping definition defense in no way shaped the jury’s decision on the matter. 

During a robbery at the CresCom Bank in Conway, South Carolina in August 2017, Council shot and killed two bank workers, Donna Major and Kathryn Skeen. 

Council was federally indicted and sentenced to death in 2019. His appeal attempts were denied.

The city of Conway released a statement about the commuted sentences for Basham, Council, and Fulks:

“Today’s decision to commute the sentences of the three defendants in these cases has only served to reopen old wounds that our community has spent years trying to heal. We understand that those wounds will never heal for the loved ones of the victims. Our deepest sympathies remain with the Major, Skeen, and Donovan families and friends. These cases have left an indelible mark on our community, and we remain committed to supporting victims’ families and ensuring justice for all.”

Jackson killed Karen Styles at the Pisgah National Forest near Asheville in October 1994. Styles was found dead duct-taped naked to a tree with a gunshot wound to her head. 

Investigators determined that Jackson purchased a rifle at K-Mart, watched Styles arrive at the trail, and followed her. He pointed a gun at her and led her to a remote area. Jackson then duct-taped her eyes and mouth shut, raped her, and shot her in the head. 

Jackson then returned the rifle to K-Mart. He was tracked down through this purchase and confessed to Buncombe County deputies. 

He pleaded guilty to federal charges in March 2000. In November 2000, he was sentenced to death. His appeals were denied.

Umaña, an MS-13 gang member, was sentenced to death for the 2007 murders of brothers Ruben Garcia Salinas and Manuel Garcia Salinas. 

During his trial for those murders, the jury determined that Umaña was also responsible for the deaths of three other people in Los Angeles in 2005. 

Investigators determined that Umaña came to Charlotte to help with MS-13’s operations. He killed the Garcia Salinas brothers at a restaurant in Greensboro. He killed them because they called his gang signs “fake,” according to court records.

Umaña attempted to have witnesses killed while he was jailed during his trial. 

A federal judge sentenced Umaña to death after a 2010 trial. He was the first MS-13 member to receive the death penalty.

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