Georgia readies to execute man who advocates say is intellectually disabled

The decision by the five-member board was reached following a closed-door meeting with Pye’s lawyers, who made the case that his life should be spared because his low recorded IQ is evidence of an intellectual disability. They say he has also expressed remorse for killing Yarbrough.

Earlier this week, advocates delivered more than 5,000 signed petitions to the board’s office in Atlanta in a show of support for Pye.

“When someone commits a crime, that doesn’t stop their right to life, and I just hope that we can all work together to make sure that Mr. Pye is not executed and many other people like him are no longer executed in the state of Georgia,” said Cathy Harmon-Christian, executive director of the group Georgians for Alternatives to the Death Penalty.

The U.S. Constitution prohibits the execution of people with intellectual disabilities.

However, Georgia is the only state in the country that requires proof “beyond a reasonable doubt” that someone is intellectually disabled to exempt them from the death penalty.

Lauren Sudeall, who teaches law at Vanderbilt University, said that is extremely difficult to do.

“Even the state’s own experts tested Mr. Pye’s IQ at 68 and earlier tests had shown that he had an IQ of 70, which is far lower than the range of what would be considered an intellectual disability,” Sudeall said. “And yet under this ‘beyond a reasonable doubt’ standard, that was impossible for Mr. Pye to prove.”

In 2021, a federal court tossed out Pye’s death sentence based on evidence that his lawyer failed to prepare him for the sentencing phase of his trial. But, it was reinstated on appeal.

James Woodall, public policy associate at the Southern Center for Human Rights, said this week that it’s clear Pye was not properly represented by his public defender because of his race.

“Mr. Pye’s family had nothing in a community of people who are already disadvantaged, and [these are] the kind of issues that this case brings forth for us and this is why we also have to ensure that the board of pardons and parole considers all of the facts,” Woodall said.

Yarbrough’s family told WABE last week they stand behind the court’s decision to execute Pye.

Gernetta Starks, Yarbrough’s second cousin, said she was the youngest in her family and had three children of her own when Pye killed her. At the time, she was home alone with her baby.

“Alicia was a spunky woman,” Starks said.

“She did hair. She was just an all-around girl. Like most people, she had her ups and downs in life, but it still doesn’t mean that she’s less human. She was somebody. I feel like she got lost over the years. The focus was off of her and more on Mr. Pye.”

In 2021, Starks and one of Yarbrough’s daughters started the organization When She Survives, which focuses on domestic violence and breast cancer awareness, in part to honor Yarbrough.

“Is there really justice in this case?” Starks said.

“No matter the [board’s] decision, she’s still not here and that’s something we, as a family, have to be prepared for. … We are a forgiving family and vengeance is for the Lord. That’s just how we see it. It’s out of our control. The courts decided what they decided, and we stand behind it.”