EXECUTION #40

Max Landon Payne
Executed October 8, 2009 06:25 p.m. by Lethal Injection in Alabama
40th murderer executed in U.S. in 2009
1176th murderer executed in U.S. since 1976
6th murderer executed in Alabama in 2009
44th murderer executed in Alabama since 1976
Summary:
Payne was at his sister Wilma’s house with his girlfriend, Sandra Walker, and Wilma. Payne left the house with a double-barreled shotgun. Later that evening two customers saw Payne at West Point Grocery, which was owned by Braxton Brown. Payne had robbed the store, kidnapped Brown, and taken him at gunpoint to his sister’s house. Wilma was still there with Sandra. Sandra testified Brown appeared very nervous and scared, and Payne had a gun and ordered Brown to give Wilma money. Wilma asked Payne to leave Brown with her or take him back to his store and said “maybe he would forget about this.” Payne rejected the suggestion, stating, “No, I am going to do this.” Payne forced Brown into the car and drove to a nearby bride where he shot him twice in the face with a shotgun and dumped him into the Crooked Creek. Around midnight, Payne purchased a bus ticket to Florida. Following a call from Alabama authorities, a Miami police detective met Payne’s bus when it arrived in Miami. Items found on Payne included Brown’s handgun; a jeweler’s invoice made out to West Point Grocery; a vehicle registration in Brown’s name; three cartons of Marlboro cigarettes; three bank deposit bags containing numerous checks written to West Point Grocery, credit card receipts, rings, and food stamps; bank receipts in Brown’s name; and a total of $1,085.84. Brown’s son identified many items as coming from West Point Grocery. Forensic testing matched human tissue recovered from Payne’s arm sling to Brown’s blood type.
Final/Special Meal:
A turkey sandwich with tomatoes and mayonnaise, potato salad and cake.
Final Words:
"I just want to tell my family I love them."
The Execution
Donald Blocker of Kairos Prison Ministry knelt beside Payne's two sisters and two friends in the execution viewing room before the curtains were opened. He told them Payne wouldn't suffer and was ready for what was to come. No witnesses were present on behalf of the victim.
The small, white room was dark except for a soft red light glowing in the corner. Four of Max Landon Payne's closest family and friends sat in a row in front of a window shielded by a white curtain. At 6:01 p.m., a corrections officer pulled back the curtain to reveal Payne, strapped to a table.
The heavyset, balding Payne made his last statement after warden Grantt Culliver read the execution order issued by the Alabama Supreme Court. Once the lethal injection began, Payne gestured to family members and spoke quietly with prison chaplain Chris Summers, who was standing a few feet away. At one point Summers grabbed Payne's hand and patted him on the knee. Payne closed his eyes, pinched his lips and seemed to take a deep breath. Then he was still.
Payne, 38, died at 6:25 p.m.