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Alabama Executes James Barney Hubbard, 74, the Oldest Inmate Put to Death in the U.S. Since 1941

Hubbard had served about 20 years for a 1957 killing before he was convicted of murdering the Tuscaloosa store owner who helped win his release.

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Illustration of a man standing by a pickup truck on a rural Alabama road through pine woods, a prison in the distance at dusk. Not an actual scene from the case.

James Barney Hubbard had already served two decades for one killing when he was convicted of murdering the woman who helped win his release. On August 5, 2004, Alabama executed him at the age of 74.

Hubbard died by lethal injection at Holman Prison near Atmore at 6:36 p.m., for the January 10, 1977, murder of Lillian Montgomery, 62, of Tuscaloosa. Earlier that day the U.S. Supreme Court had voted 5-4 to deny a stay. His lawyer argued that executing a man so old and mentally incompetent would be cruel and unusual punishment, and court filings said he had been diagnosed with dementia. Gov. Bob Riley refused to commute the sentence, calling the crime "heinous and violent." "Justice has not been swift in this case, but justice must be delivered," Riley said. According to the Coalition to Abolish the Death Penalty, Hubbard was the oldest person executed in the United States since 1941.

Hubbard had gone to prison for a second-degree murder conviction in 1957 in the death of David Dockery in Tuscaloosa County, the Associated Press reported. Montgomery, a store owner, had befriended him and sponsored his release in 1976, and he moved into her home next to her store. She was shot three times. Hubbard called police and said she had shot herself, but prosecutors introduced evidence that she could not have fired the fatal shots. His first conviction and death sentence were overturned, and in 1982 he was tried again, convicted and sentenced to death. He maintained his innocence through 27 years of appeals.

Montgomery's son witnessed the execution and said he was disappointed that Hubbard offered no last words or apology. Hubbard's daughter also watched from another room.

The Associated Press reported that Hubbard served 19 years for the 1957 killing, while the federal appeals court said he served 20 years of a 50-year sentence.

Sources