NBC News reported that North Carolina Gov. Roy Cooper commuted the death sentences of 15 inmates to life imprisonment without parole before leaving his position on New Year’s Day (Jan. 1). “These reviews are among the most difficult decisions a governor can make, and the death penalty is the most severe sentence that the state can impose,” the outgoing politician explained in an official statement. He added that the decision followed “thorough review, reflection and prayer,” ensuring the individuals would remain incarcerated for life.
Cooper further emphasized that “no single factor was determinative in the decision on any one case,” but highlighted considerations such as “potential influence of race, such as the race of the defendant and victim, composition of the jury pool and the final jury.” Among those granted clemency was Hasson Bacote, a Black man who was actively fighting his death sentence under the Racial Justice Act of 2009, which allows for resentencing claims when racial bias is shown to have impacted the trial process.
As documented by the American Civil Liberties Union, Bacote was sentenced to death at the age of 21 under the felony murder doctrine and remains the only death row inmate in North Carolina indicted solely on this legal theory. According to the ACLU, his case presented a considerable body of evidence suggesting racial bias during jury selection, particularly in the use of peremptory strikes to exclude Black jurors. Bacote’s original jury included 10 white members and two Black members.
The commutations occurred as state Superior Court Judge Wayland Sermons Jr. deliberated Bacote’s appeal, bolstered by evidence of racial discrimination. Despite calls from death penalty opponents to commute all 136 death row sentences in the state, Cooper opted for a more selective approach. Notably, North Carolina has not carried out an execution since 2006.
“This decision is a historic step towards ending the death penalty in North Carolina, but the fight for justice does not end here,” stated Cassandra Stubbs, director of the ACLU’s Capital Punishment Project. “We remain hopeful that the court will issue a ruling under the state’s Racial Justice Act in Mr. Bacote’s case that we can leverage for relief for the many others that still remain on death row.”