The facts:
Criminals: Daryl R. Atkins and William Jones
Victim: Eric Nesbitt
Where: York County Virginia
When: August 16th 1996
What: On the night of August 16th 1996, Daryl R. Atkins and William Jones went into a convenience store to buy beer. Instead, they run into a man named Eric Nesbitt, an airman stationed at Langley Airforce Base. Eric was seen talking to Daryl and William in the store. Once Eric left the store, Daryl and William followed Eric out and forced their way into Eric's truck. They then rob him, make him take money out of an ATM, and drive him to a Yorktown ditch and shoot him 8 times. Atkins testified that his IQ is only 59 which puts him in the 9-12 age range. This makes Daryl fall under the "Mildly mentally retarded" category. Since he is saying he is mildly mentally retarded, it is voted unconstitutional for him to be sentenced to death. It would be against the 8th amendment to sentence a "mildly mentally retarded" person to the death penalty.
Victim: Eric Nesbitt
Where: York County Virginia
When: August 16th 1996
What: On the night of August 16th 1996, Daryl R. Atkins and William Jones went into a convenience store to buy beer. Instead, they run into a man named Eric Nesbitt, an airman stationed at Langley Airforce Base. Eric was seen talking to Daryl and William in the store. Once Eric left the store, Daryl and William followed Eric out and forced their way into Eric's truck. They then rob him, make him take money out of an ATM, and drive him to a Yorktown ditch and shoot him 8 times. Atkins testified that his IQ is only 59 which puts him in the 9-12 age range. This makes Daryl fall under the "Mildly mentally retarded" category. Since he is saying he is mildly mentally retarded, it is voted unconstitutional for him to be sentenced to death. It would be against the 8th amendment to sentence a "mildly mentally retarded" person to the death penalty.