Inmate: Downs, William E.
Inmate #: 6007
DOB: 07/12/67
Race: White
County of Conviction: Aiken
Date Received: 06/27/02

TheState.Com

"Georgia man put to death," by Meg Kinnard. (Associated Press Posted on Sat, Jul. 15, 2006)

Making no final statement and keeping his eyes trained on the ceiling, William “Junior” Downs was put to death by lethal injection Friday for the 1999 kidnapping, rape and murder of a 6-year-old North Augusta boy. The 39-year-old Augusta, Ga., man said he stopped Keenan O’Mailia as the boy rode his bicycle along a dirt path. Downs said he asked the boy his name, then threw him to the ground and strangled him.

Downs, who did not pursue any appeals, pleaded guilty to the crimes in 2002. Before he was sentenced to death, Downs told Circuit Judge Casey Manning he deserved to die for his crime. “I think it would be disrespectful to the family and disrespectful to the whole world if you did not give me the death penalty,” Downs said then.

Downs also pleaded guilty in 2005 to kidnapping, raping and killing a 10-year-old boy in Augusta in 1991. As part of a plea deal, and since he was already condemned to die in South Carolina, Downs agreed to be sentenced to two consecutive life sentences, plus 10 years. In both cases, authorities said Downs sexually assaulted the victims after they were dead.

The mother of the Georgia victim was present to watch Downs take his final breath. Kathy Porter Favors sat in the front row of the witnesses’ viewing area, quietly weeping and wiping her eyes as the execution was carried out.

Two of Downs’ family members also witnessed his death. His brother, William Kelvin Downs, and sister, Carla Susan German, sat in the seats nearest to their brother’s head. As the chemicals began to take their effect, and the color began to drain from their brother’s face, William Downs took his sister’s hand as she wept.

WLTX-TV19

"From the Broad River Correctional Facility," by J.R. Berry. (July 14, 2006)

When people in the newsroom found out I was going to be a witness to an execution, I heard a lot of comments. Some said they could never do that, others wondered what it was like. Perhaps this short blog will help people understand the process. Three media members are needed to watch a South Carolina execution. On this particular day the witnesses were Meg Kinnard of the Associated Press, Tony Baughman of The Aiken Standard and myself.

At 5:00pm, we were escorted to a holding area where we had time to chat and get to know each other better. For Meg, this was her second execution. It was my third. Tony had never done this before and didn't know what to expect. Meg made a pretty good suggestion. Just look at this as a story that you have to cover and you won't think about it as much. That's the same attitude I take with executions. It's a story. Personal feelings have to be left at the door.

A few minutes into our conversation, we were searched. Then at 5:54 pm, a prison employee instructed us it was time to go.

Most people don't know that the death chamber is about a mile off of Broad River Road, so a van was needed to drive us to our destination. We arrived at the death chamber at 6:02. By the time we got there, all of the other witnesses were seated. Counting the three media members, there were ten witnesses in that room. William Downs' brother and sister were there. They sat on the front row. Kathy Porter Favors also sat on the front row. Downs confessed to killing her 10-year old boy in 1991. A SLED agent sat between Downs' family members and Mrs. Favors. On the second row were members of the prosecution, including Aiken solicitor Barbara Morgan. The media sat on the back row.

For whatever reason, family members of the 6-year-old boy Downs killed, Keenan O'Mailia, didn't show up. Downs death sentence was handed down after he confessed to killing Keenan.

The room we were in had glass windows and bars. At first we didn't see anything because a curtain on the other side of the wall was pulled shut. At 6:03pm that curtain opened. William "Junior" Downs was right there in front of us. He was strapped down on a gurney with his arms outstretched. The needles and tubes needed to put the deadly drugs into his body were already in place. Downs had thick gray hair and a mustache. He was wearing a green shirt but was covered by a sheet from the waist down.

At 6:04pm, warden Raymond Reed announced," William Downs has elected not to make a last statement". For the next minute or so, Downs stared at the ceiling. His eyes were blinking as if he had difficulty keeping them open. Not once did he turn his head to look at the witnesses. At 6:05, Downs closed his eyes. They never reopened.

For the next ten minutes, I heard Mrs. Favors cry. I could only imagine what she was going through. I wanted to hug her and tell her everything would be alright. Downs' sister was also crying. This is the same sister who turned her brother in.

Police had few clues to go on when Keenan was killed. A week after his death, Downs took a newspaper article about the crime to his sister. That's when he told her he was responsible. She then called the police.

At 6:16, a doctor came out of a side room and placed a stethoscope to Downs' chest. He then flashed a light into his eyes. After he nodded, the warden made another announcement, "The sentence of William Downs versus the state of South Carolina was carried out at 6:17pm". Then it was over. On my way out, I had to sign a piece of paper saying that I had witnessed the execution.

On our way back from the death chamber, I asked Tony if it was what he had expected. He replied that it wasn't. It was a lot calmer than he had expected. I think the word he used was "clinical".

One other quick note before I close. Downs could have stopped his own execution. He had several appeals left. But he instructed his attorney to let the execution take place as scheduled. Downs told his attorney he deserved to die and wanted to be put to death for his crimes. Now he has.

Access North Georgia

"Georgia man who raped, killed South Carolina boy put to death." (Associated Press - COLUMBIA, S.C.)

Making no final statement and keeping his eyes trained on the ceiling, William "Junior" Downs was put to death by lethal injection Friday for the 1999 kidnapping, rape and murder of a 6-year-old North Augusta boy. The 39-year-old Augusta, Ga., man said he stopped Keenan O'Mailia as the boy rode his bicycle along a dirt path. Downs said he asked the boy his name, then threw him to the ground and strangled him.

Downs, who did not pursue any appeals, pleaded guilty to the crimes in 2002. Before he was sentenced to death, Downs told Circuit Judge Casey Manning he deserved to die for his crime. "I think it would be disrespectful to the family and disrespectful to the whole world if you did not give me the death penalty," Downs said then.

Downs also pleaded guilty in 2005 to kidnapping, raping and killing a 10-year-old boy in Augusta in 1991. As part of a plea deal, and since he was already condemned to die in South Carolina, Downs agreed to be sentenced to two consecutive life sentences, plus 10 years. In both cases, authorities said Downs sexually assaulted the victims after they were dead.

The mother of the Georgia victim was present to watch Downs take his final breath. Kathy Porter Favors sat in the front row of the witnesses' viewing area, quietly weeping and wiping her eyes as the execution was carried out.

Two of Downs' family members also witnessed his death. His brother, William Kelvin Downs, and sister, Carla Susan German, sat in the seats nearest to their brother's head. As the chemicals began to take their effect, and the color began to drain from their brother's face, William Downs took his sister's hand as she audibly wept.

When the burgundy curtain was drawn at approximately 6:03 p.m., Downs was lying on his back strapped to a table, his arms outstretched, the left one connected to tubing that would carry the lethal chemicals from the wall behind his head and into his veins. He wore a bright green jumpsuit and was covered from the waist down by white sheeting. Two minutes later, the tubes began moving, signaling that the chemicals were beginning to make their way into Downs' veins. His eyes then blinked slowly several times, and Downs swallowed a few times before taking one visible breath through his mouth and becoming still.

At 6:17 p.m., approximately 12 minutes after the tubes shook, Raymond Reed, warden at the Manning Correctional Institution, said the state's death sentence against the man had been successfully carried out.

Immediately prior to the pronouncement, a physician entered the death chamber, using a stethoscope to verify that Downs' heart had ceased beating and checking the man's pupils by shining a light into his eyes.

In addition to three media witnesses, two law enforcement agents and the prosecutors who tried each case were also present to witness Downs' death. Aside from comments from the media witnesses, none of the other witnesses chose to make a statement.

Corrections officials said Downs was served his last meal _ salted cashew nuts, instant french roast coffee, chocolate chip cookie dough, moose tracks ice cream and three Mr. Goodbar candy bars _ early Friday afternoon.

Augusta Chronicle

COLUMBIA - Nina O'Mailia didn't return to see her son's killer, William "Junior" Downs, executed Friday evening. "The execution gives me nothing," Ms. O'Mailia wrote in an e-mail from her Portland, Ore., home. "I found closure when I forgave Mr. Downs in 2002."

Mr. Downs, who turned 39 Wednesday, was executed by lethal injection at 6:17 p.m. for the murder seven years ago of 6-year-old Keenan O'Mailia, of North Augusta. The child's body was found near Riverview Park in April 1999, a day after he disappeared while riding his bike. Mr. Downs said he saw the boy, stopped him, asked his name, then threw him to the ground, raping and then strangling him. He pleaded guilty in 2002 and requested the death sentence.

After a year on death row, he pleaded not guilty to murder and sexual assault charges in the 1991 death of 10-year-old James Porter, whose body was found in the Augusta Canal two months after he disappeared. Police said Mr. Downs later confessed to that killing. James' mother, Kathy Porter Favors, witnessed Friday's execution but made no statement afterward.

Media witnesses said Mr. Downs said nothing and never looked at the witnesses in the final minutes of his life.

Ms. O'Mailia said she now feels "pity and sorrow" for Mr. Downs. She also said she wants to make sure that her son isn't forgotten. She keeps Keenan's ashes in an urn, fills her home with pictures of her son and shares her story with other parents and children in hopes of keeping them safe.

As for her son, she believes he's happy. "Keenan is in heaven," she said. "I believe once you're in heaven, the things that happen on this earth don't matter. Keenan is praising God for who He is and what He's done."

Nine people protested outside Friday's execution, including Rose-Louise Terry of Great Britain, whose husband, Gary Dubose Terry, is on death row in South Carolina. "(Capital punishment) doesn't bring the victim back, and revenge is only sweet for a short time," Ms. Terry said.

Mr. Downs is the 36th person executed in South Carolina since capital punishment was reinstated in 1976. This spring, the Legislature passed a law allowing the death penalty for criminals who are convicted twice of sexually assaulting children younger than 11.

The Associated Press and Greg Rickabaugh contributed to this report.

Myrtle Beach Online

"South Carolina - STATE NEWS IN BRIEF." (Posted on Fri, Jul. 14, 2006)

COLUMBIA - Murderer likely to accept today's execution

A Georgia man who dropped his appeals and asked to be put to death for kidnapping, raping and killing a 6-year-old boy from South Carolina is unlikely to change his mind before today's scheduled execution, his attorney says.

William Downs, who turned 39 on Wednesday, said four years ago that it would be "disrespectful to the whole world" if he was not sentenced to die for killing Keenan O'Mailia, whose body was found in April 1999 in North Augusta.

Downs, who is scheduled to die at 6 p.m., has said he stopped Keenan along a dirt path, asked him his name, then threw him to the ground and strangled him.

Downs, of Augusta, Ga., pleaded guilty in June 2002, but before sentencing he told Circuit Judge Casey Manning he deserved to die for his crime. "I think it would be disrespectful to the family and disrespectful to the whole world if you did not give me the death penalty," Downs said then.

Downs' attorney Robert Dudek said he will have requests for a stay of execution on hand Friday in case Downs changes his mind at the last minute. "I do not expect Mr. Downs to change his mind, but he certainly could," Dudek said. A spokesman for Gov. Mark Sanford said there were no plans for leniency.

In 2003, Downs was extradited to Augusta where he pleaded not guilty in the 1991 death of a 10-year-old boy whose body was found in the Augusta Canal. Police said Downs had confessed several years earlier in the slaying of James Porter. The boy was missing before his body was found, and officials originally thought he had accidentally drowned.

Downs would be the 36th person executed in South Carolina since the reinstatement of capital punishment in 1976.

Augusta Chronicle

"Healing continues as execution nears," by Greg Rickabaugh. (Thursday, July 13, 2006)

Nina O'Mailia found peace the day she forgave William "Junior" Downs for raping and strangling her 6-year-old son, Keenan. Watching him die wouldn't bring her more comfort, she said this week. "I will not be going to the execution, nor will any family from the West Coast. I have forgiven him for what he's done, and I pray he makes peace with God before he dies," she said in an interview from her home in Portland, Ore.

Mr. Downs, 38, pleaded guilty to killing the North Augusta boy in 1999. During a 2002 hearing, he asked a judge for a death sentence. He is scheduled to die Friday.

It took two years of grief therapy for Ms. O'Mailia to forgive her child's killer. Even Keenan's grandmother, Merrie Miller, found it difficult, publicly labeling Mr. Downs a "monster" and "demonic being." Ms. O'Mailia thinks differently these days. "God allows things to happen, but he cannot create evil. What happened to Keenan was evil. Mr. Downs was overcome by evil," she said. "I blame the king of this world, not the king of heaven."

Still, Keenan's death was heartbreaking for Ms. O'Mailia, a single mother who had lived in North Augusta for just two months when it happened. She had moved from Oregon and had applied to attend the Medical College of Georgia. On April 17, 1999, Keenan went bike riding near Riverview Park while his mother cooked dinner inside her Georgetown Villas apartment. He never returned home. His body was found the next day just outside the park after a massive search.

Mr. Downs had only been in Augusta for three months, having moved from Albany, Ga., when he learned he had a son in the area. He crossed the 13th Street bridge into North Augusta one day and saw Keenan riding a bike along a dirt path. He stopped the boy and asked his name before throwing the boy to the ground and raping and strangling him.

Today, an urn containing Keenan's ashes sits in Ms. O'Mailia's bedroom. Her second child, Amiyah, is now the age Keenan was when he died. Ms. O'Mailia said her daughter has been instrumental in her recovery. Ms. O'Mailia said Keenan's life was too short. He was a kindergartner at Hammond Hill Elementary School. "He didn't even see his kindergartner graduation," she said. "Here in Portland, I see the neighbor boys who were his friends, and they are so tall. Keenan would be 13 now, entering eighth grade. I think most about what Keenan would be."

After Keenan's death, Ms. O'Mailia moved back to Portland. Remaining in North Augusta would have been too painful. "Too many memories," she said.

She joined a parental support group called Compassionate Friends and Parents of Murdered Children. She also started seeing a grief counselor. It took almost two years of therapy before she felt she could learn to deal with things on her own.

Soon, Ms. O'Mailia went to work at her church as an administrative assistant. Being part of a church community taught her how to turn her pain into something positive. "My church family helped me become a better friend and parent. I was taught how to disciple others and give back to my community," she said. "Focusing on others instead of myself helped tremendously."

Today, she is back on track with her dream of working in health care, attending Pacific University in Forest Grove, Ore. She is working on earning her master's degree in physician assistant studies. Graduation is August 2007. Her boyfriend and Amiyah's father, Habib Shakoor, lives in Rock Hill, S.C., and they have discussed marriage once she is finished with school.

On Friday, Ms. O'Mailia will take the day off from school and spend time with her daughter and mother. She feels sorry for Mr. Downs, who dropped all appeals.

A year after he was sent to death row, Mr. Downs pleaded not guilty to murder and sexual assault charges in the death of 10-year-old James Porter, whose body was found in the Augusta Canal two months after he disappeared in March 1991. Police said Mr. Downs confessed to that slaying.

In March, defense attorney Robert Dudek said Mr. Downs told him he would rather die because the best he could get out of an appeal would be a life sentence without parole, according to an Associated Press report.

"I cannot imagine how it must feel to know the day and the time you are going to die," Ms. O'Mailia said. "(But) I support the State wanting to prosecute him to the fullest extent of the law. I found peace when I forgave Mr. Downs. His execution won't give me any more."

News12-TV

"Downs confessed to killing another boy," by Kate Tillotson. (7:03 PM Jul 14, 2006)

William "Junior" Downs was executed this afternoon. He was pronounced dead at 6:17 pm. Downs was convicted of kidnapping, raping, and killing six-year-old Keenan O'Mailia in 1999.

That's the crime he was executed for...but he also confessed to killing ten-year-old James Porter eight years earlier. James' mother, Kathy Favors, watched Downs die.

It's taken Kathy fifteen years to return to normal life. She still has nightmares about the brutal rape and murder of her son. "You know, I asked God time and time again to give me a sign that my child's up there." It was Kathy's oldest son - James Porter - who was the first boy to fall victim to William "Junior" Downs. Downs got away with murder for eight and a half years.

Kathy's ten-year-old son was sent out to a mom and pop store to buy milk. Little did she know, he never made it...and would never make it home. "He said when he knocked him out, he had sex with him, said James started coming around and he strangled him a second time which is what killed him. Said then he had sex with him a second time and just pushed his body over in the river and left it."

A brutal and senseless crime...one Kathy says Richmond County didn't take seriously enough. Her son's death was originally dubbed an accidental drowning. "When my son got missin', a big part of me got missin'. And then when I asked to see the body and the police and all denied me of that right, it was like that part of me wasn't coming back."

Believe it or not, Kathy finds comfort in the story Downs would later confess when arrested for the murder of a North Augusta boy in 1999. It was then that he admitted to raping and strangling James eight years prior.

Kathy accepted that confession as the only proof of her son's death. "When Junior admitted to killing James, that told me then that my son was really gone and he wasn't coming back," Kathy says. "So I did forgive him. I don't forget it. And I got no use for him and I'll be happy when he's gone off the face of this earth."

ABOLISH Archives

William "Junior" Downs is in a jail cell less than 18 miles from the Richmond County Law Enforcement Center. But getting him there to face a death penalty trial in the 1991 slaying of a 10-year-old Richmond County boy isn't as easy as the half-hour's drive.

The problem is, the drive passes over the Savannah River, and South Carolina authorities might be reluctant to send him across before they're through with him.

Augusta Judicial Circuit District Attorney Danny Craig said he wants the trial to start by spring, but first the defendant must be arraigned in Richmond County Superior Court.

Aiken County courts are known to have long waits in death penalty cases, and given another recent delay, 2nd Circuit Solicitor Barbara Morgan likely will have her hands full well into next year with the capital murder trial of a man accused of killing four employees at R.E. Phelon Co. in 1997.

Mr. Downs, 33, was indicted on murder charges in Richmond County last year in the death of James Porter, whose body was found in the river after he disappeared almost a decade ago. In Aiken, Mr. Downs is charged with murder, kidnapping and criminal sexual conduct with a minor in the 1999 killing of Keenan O'Mailia, 6, in North Augusta.

Ms. Morgan said death penalty indictments are pending against him in South Carolina, which makes turning him over to Georgia - even temporarily - complicated. If her state were to let him go before the case is disposed of, they might have trouble getting him back, she said. She knows of no procedure that would allow the defendant to bounce between the two border counties.

Taking prisoners out of South Carolina also can be tricky because the state has yet to sign the Uniform Extradition Act, which provides procedural guidelines and agreements for transferring prisoners from state to state.

"If he had no charges (here), he'd be over there yesterday," Ms. Morgan said. "Because he has pending charges, you're not allowed to (release him to another state) unless matters are cleared up on this side." The Richmond County indictment came soon after Mr. Downs surrendered to Aiken authorities, who said he admitted to killing James while confessing to killing Keenan. He has been incarcerated in South Carolina since.

South Carolina Gov. Jim Hodges received an extradition request from Gov. Roy Barnes last week but will not agree to turn Mr. Downs over to Georgia authorities until South Carolina Attorney General Charlie Condon conducts a hearing and gives a recommendation, Hodges spokesman Morton Brilliant said. No hearing has been scheduled in the matter.

James' mother, Kathy Porter, spent eight years wondering what happened to her son, who vanished on the way to the store to pick up milk for his sister. She said she will continue waiting for a trial in either state. "I just want it to be over with," she said Wednesday. "I just want to lay it to rest."

(source: Augusta Chronicle)

Covenant News - Abominations

In a plea deal William "Junior" Downs pleaded guilty to murder, kidnapping, sodomy and necrophilia for the assault and killing of a 10-year-old boy. AUGUSTA, Georgia -- If someday a court finds that William "Junior" Downs' murder conviction and death sentence in South Carolina should be thrown out, his guilty plea in Richmond County Superior Court on Monday should ensure he never has a chance to rape and murder another child. Mr. Downs pleaded guilty to murder, kidnapping, aggravated sodomy and necrophilia for the March 13, 1991, assault and killing of 10-year-old James Porter.

In a plea negotiation accepted by Judge Carl C. Brown. Mr. Downs, 38, will serve consecutive prison sentences of life without parole, two regular life sentences and 10 years. If he ever challenges the plea or sentence on appeal, the deal would be rescinded and he would once again face a possible death sentence in James' murder.

National Coalition to Abolish the Death Penalty

William Downs, SC - July 14
Do Not Execute William Downs!

William “Junior” Downs was convicted and sentenced to death for raping and murdering six-year-old Kennan O’Malia, in Augusta, South Carolina. O’Malia’s body was found in April of 1999; one day after he had disappeared while riding his bike. After seeing the story on the news William Downs confessed to the crime to his sister who immediately called the police. Police apprehended Downs, who then confessed to the crime. In 2002 Downs was convicted and sentenced to death.

Downs pleaded guilty, but stated that he was mentally ill at the time of the crime and could not understand the consequences of his actions. A competency hearing was held, in which three doctors testified before the court. The first said that Downs was mentally incapacitated at the time of his crime. The other two doctors, however, believed that Downs suffered from mild mental disorders not severe enough to interfere with him standing trial and not severe enough to handicap his moral judgment at the time of the crime.

Downs waived his right to a jury and a judge found him sane. He has now dropped his appeals and is “volunteering” for execution. Downs’ case highlights the problems of mental illness and the death penalty. Today as many as 10 percent of people on death row facing imminent execution are “volunteering” to be executed. Many of these people, like Downs, suffer form severe mental illness. It is time that we invest resources into treating the symptoms rather than suffering form the aftermath.

Please write to Gov. Mark Sanford on behalf of William Downs!

ProDeathPenalty.Com

South Carolina Equal Justice Initiative

State v. Downs, 361 S.C. 141, 604 S.E.2d 377 (S.C. 2004) (Direct Appeal).

Background: Defendant pled guilty in the Circuit Court, Aiken County, L. Casey Manning, J., to murder, kidnapping, and first-degree criminal sexual conduct with a minor, and was sentenced to death. Defendant appealed.

Holdings: The Supreme Court, Pleicones, J., held that:
(1) defendant's plea of guilt was unconditional;
(2) defendant was not deprived of right to jury trial on sentencing;
(3) State was not required to allege aggravating circumstances in murder indictment; and
(4) sentence of death was not disproportionate to offense. Affirmed.

Justice PLEICONES:
This is a death penalty case. Appellant pleaded guilty to murder, kidnapping, and first-degree criminal sexual conduct with a minor. With respect to the murder, the circuit court found the following aggravating circumstances: Appellant committed the murder while in the commission of criminal sexual conduct; Appellant committed the murder while in the commission of a kidnapping; and Appellant murdered a child eleven years old or younger. The circuit court sentenced Appellant to death.FN1 This opinion consolidates Appellant's direct appeal and the sentence review required by S.C.Code Ann. § 16-3-25 (2003). We affirm.

FN1. Appellant was not sentenced for the kidnapping or first-degree criminal sexual conduct with a minor. S.C.Code Ann. § 16-3-910 (2003) does not permit a sentence for kidnapping if the defendant is sentenced for murder.

FACTS

The victim, a six-year-old boy, was taken into a wooded area of a park, raped, and strangled to death. After newspapers reported the murder, Appellant told his sister that he had committed the crime. Appellant's sister reported this to the police and disclosed Appellant's location. The police found and detained Appellant, and he confessed.

Appellant was charged with murder, kidnapping, and first-degree criminal sexual conduct with a minor. At the plea hearing, Appellant expressed the desire to plead guilty but *144 was uncertain whether he wanted to later present evidence that he was mentally ill at the time of the crime (guilty but mentally ill or GBMI).FN2 Appellant never **379 suggested that he wanted to plead guilty only if found mentally ill. Rather, Appellant repeatedly stated that he knew he wanted to admit guilt. Moreover, Appellant claimed to understand that if he were to present evidence of mental illness and the court were to find him GBMI, death would remain a possible sentence. FN3

FN2. A defendant is GBMI if at the time of the offense, “he had the capacity to distinguish right from wrong or to recognize his act as being wrong as defined in Section 17-24-10(A), but because of mental disease or defect he lacked sufficient capacity to conform his conduct to the requirements of the law.” S.C.Code Ann. § 17-24-20(A) (2003).

FN3. S.C.Code Ann. § 17-24-70 (2003) requires that a defendant found GBMI be sentenced “as provided by law for a defendant found guilty.” This Court has held it is constitutional to sentence a GBMI defendant to death. State v. Wilson, 306 S.C. 498, 512, 413 S.E.2d 19, 27 (1992) (subsequent history omitted).

The court proceeded with the hearing on the guilty plea while permitting Appellant to defer the decision whether to claim mental illness. Upon the court's inquiry Appellant claimed to understand that by pleading guilty he waived his right to a jury trial on both guilt and sentencing. When the judge asked if Appellant wanted to impanel a jury, admit guilt, and ask the jury to decide the sentence, Appellant answered in the negative. The court accepted Appellant's guilty plea as voluntarily, knowingly, and intelligently entered. At a later hearing, Appellant did present evidence that he was mentally ill when the crime occurred. An expert testified that Appellant's mental condition rendered him unable to conform his conduct to the requirements of the law, that is, he was mentally ill. Two other experts testified that Appellant was not mentally ill, that he could so conform his conduct. After considering the evidence, the court ruled that Appellant failed to prove he was GBMI.FN4

FN4. The defendant has the burden of proving mental illness by a preponderance of the evidence. S.C.Code Ann. § 17-24-20(D) (2003).

At sentencing the court found the three aggravating circumstances stated above. In addition, even though Appellant's attorneys represented that Appellant had instructed them to *145 neither “offer any mitigation to the court” nor “argue to the court for a sentence of life without parole,” the court found four mitigating circumstances.FN5 After considering both sets of circumstances, the court sentenced Appellant to death.

FN5. First, Appellant had “no significant history of prior criminal conviction involving the use of violence against another person.” Second, Appellant committed the murder while “under the influence of mental or emotional disturbance.” Third, Appellant's capacity “to appreciate the criminality of his act or to conform his conduct to the requirements of the law was substantially impaired.” And fourth, Appellant's age or mentality at the time of the crime weighed in his favor.

ISSUES
I. Whether Appellant's guilty plea was an invalid conditional plea.
II. Whether Appellant had a right to a jury trial on sentencing of which he was deprived.
III. Whether the circuit court lacked subject matter jurisdiction to sentence Appellant to death because the indictment did not allege aggravating circumstances.

I. The Plea

Appellant claims his guilty plea was a conditional plea and therefore invalid. We disagree. In South Carolina, guilty pleas must be unconditional. State v. Peppers, 346 S.C. 502, 504, 552 S.E.2d 288, 289 (2001); State v. O'Leary, 302 S.C. 17, 18, 393 S.E.2d 186, 187 (1990); State v. Truesdale, 278 S.C. 368, 370, 296 S.E.2d 528, 529 (1982). If “an accused attempts to attach any condition or qualification” to a guilty plea, then “the trial court should direct a plea of not guilty.” Truesdale, 278 S.C. at 370, 296 S.E.2d at 529. If the trial court accepts a conditional guilty plea, then the plea will be vacated on appeal. Peppers, 346 S.C. at 505, 552 S.E.2d at 290.

Appellant asserts his plea was conditional because he pleaded guilty while deferring the decision whether to present evidence of mental illness. Appellant argues the potential of *146 being found mentally ill constituted a condition attached to his plea. We disagree.

Appellant never attempted to reserve the right to later deny his guilt. He reserved **380 the right only to present evidence that he committed the crime while mentally ill. Guilty but mentally ill is still guilty. SeeS.C.Code Ann. § 17-24-70 (2003) (requiring that a GBMI defendant be sentenced as guilty); see also State v. Hornsby, 326 S.C. 121, 126, 484 S.E.2d 869, 872 (1997) (noting that a finding of GBMI “does not absolve a defendant of guilt”). The difference between guilty and GBMI pertains only to post-sentencing medical treatment. SeeS.C.Code Ann. § 17-24-70 (2003). Appellant's guilty plea was unconditional.

II. The Sentencing Procedure

Appellant asserts Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), renders unconstitutional the requirement in S.C.Code Ann. § 16-3-20(B) (2003) that the sentencing proceeding be held before the judge when a defendant pleads guilty to murder. We disagree. The capital-sentencing procedure invalidated in Ring does not exist in South Carolina. Arizona's statute required the judge to factually determine whether there existed an aggravating circumstance supporting the death penalty regardless whether the judge or a jury had determined guilt. Ariz.Rev.Stat. § 13-703(C) (2001) (amended 2002); Ring, 536 U.S. at 597, 122 S.Ct. at 2437, 153 L.Ed.2d at 569. In South Carolina, conversely, a defendant convicted by a jury can be sentenced to death only if the jury also finds an aggravating circumstance and recommends the death penalty. S.C.Code Ann. § 16-3-20(B) (2003); Sheppard v. State, 357 S.C. 646, 652, 594 S.E.2d 462, 466 (2004).

In any event, Ring did not involve jury-trial waivers and is not implicated when a defendant pleads guilty. Other courts have also reached this conclusion. See, e.g., Leone v. Indiana, 797 N.E.2d 743, 749-50 (Ind.2003); Colwell v. Nevada, 118 Nev. 807, 59 P.3d 463, 473-74 (2003); Illinois v. Altom, 338 Ill.App.3d 355, 362, 272 Ill.Dec. 751, 788 N.E.2d 55, 61 (5 Dist.), app. denied,204 Ill.2d 663, 275 Ill.Dec. 77, 792 N.E.2d 308 (2003).

Appellant was informed that by pleading guilty he waived his right to a jury trial on both guilt and sentencing. He does not argue his waiver was made involuntarily, unknowingly, or unintelligently. See Burnett v. State, 352 S.C. 589, 576 S.E.2d 144 (2003) (discussing waivers of constitutional rights). Appellant was not deprived of his right to a jury trial.

III. The Indictment

Appellant argues the circuit court lacked subject matter jurisdiction to sentence him to death because the indictment charging him with murder FN6 did not allege an aggravating circumstance.FN7 Appellant did not challenge the indictment below, but subject matter jurisdiction may be raised at any time, including on appeal. See Koon v. State, 358 S.C. 359, 365, 595 S.E.2d 456, 459 (2004). We disagree with Appellant on the merits.

FN6. The indictment stated Appellant “did in Aiken County on or about April 17, 1999, with malice aforethought, kill [the victim] by means of asphyxia due to manual strangulation and said victim died as a proximate result thereof. All in violation of Section 16-3-10 of the South Carolina Code of Laws (1976), as amended.”

FN7. The State timely gave Appellant notice of aggravation pursuant to S.C.Code Ann. § 16-3-20(B) (2003).

Appellant asserts Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Ring v. Arizona, supra, mandate that indictments in state capital cases allege aggravation. Appellant is incorrect. The Court expressly noted in both Apprendi and Ring that the cases did not involve challenges to state indictments. Apprendi, 530 U.S. at 477, 120 S.Ct. at 2356, 147 L.Ed.2d at 447 n. 3; Ring, 536 U.S. at 597, 122 S.Ct. at 2437, 153 L.Ed.2d at 569 n. 4. More important, the Fourteenth Amendment has not been construed to incorporate the Fifth Amendment's Presentment or Indictment Clause. See Apprendi, 530 U.S. at 477, 120 S.Ct. at 2356, 147 L.Ed.2d at 447 n. 3; Ring, 536 U.S. at 597, 122 S.Ct. at 2437, 153 L.Ed.2d at 569 n. 4; Alexander v. Louisiana, 405 U.S. 625, 633, 92 S.Ct. 1221, 1226-27, 31 L.Ed.2d 536, 543-44 (1972); Hurtado v. California, 110 U.S. 516, 534-35, 4 S.Ct. 111, 120-21, 28 L.Ed. 232, 238 (1884). State law governs indictments for state-law crimes.

Under South Carolina law, aggravating circumstances need not be alleged in an indictment for murder. S.C.Code Ann. § 17-19-30 (2003); State v. Butler, 277 S.C. 452, 456-57, 290 S.E.2d 1, 3-4 (1982) (subsequent history omitted). The aggravating circumstances listed in S.C.Code Ann. § 16-3-20(C)(a) (2003) are sentencing factors, not elements of murder. See Butler, 277 S.C. at 456-57, 290 S.E.2d at 3-4. The circuit court had subject matter jurisdiction to sentence Appellant to death.

SENTENCE REVIEW

The Court must conduct a proportionality review of Appellant's death sentence based on the record. S.C.Code Ann. § 16-3-25(A) (2003). In conducting the review, the Court considers similar cases in which the death penalty has been upheld. SeeS.C.Code Ann. § 16-3-25(E) (2003). We find Appellant's death sentence was not the result of passion, prejudice, or any other arbitrary factor, and the evidence supports the trial judge's findings of aggravation. SeeS.C.Code Ann. § 16-3-25(C) (2003). Further, in relation to sentences in similar cases, Appellant's was neither excessive nor disproportionate to his crime. See State v. Passaro, 350 S.C. 499, 567 S.E.2d 862 (2002); State v. Stokes, 345 S.C. 368, 548 S.E.2d 202 (2001); State v. Rogers, 338 S.C. 435, 527 S.E.2d 101 (2000); State v. Rosemond, 335 S.C. 593, 518 S.E.2d 588 (1999); State v. Charping, 333 S.C. 124, 508 S.E.2d 851 (1998), cert. denied, Charping v. South Carolina, 527 U.S. 1007, 119 S.Ct. 2345, 144 L.Ed.2d 241 (1999); State v. Conyers, 326 S.C. 263, 487 S.E.2d 181 (1997).

CONCLUSION

Appellant's guilty plea was not a conditional plea, and Appellant was not deprived of his right to a jury trial. In addition, the circuit court had subject matter jurisdiction to sentence Appellant to death. Finally, the punishment was proportionate to the crime. Appellant's guilty plea and sentence are AFFIRMED. TOAL, C.J., MOORE, WALLER and BURNETT, JJ., concur.

State v. Downs, ___ S.C. ___, 2006 WL 1469721 (S.C. 2006) (Competency).

Background: After conviction and death sentence for capital murder was affirmed on direct appeal, 361 S.C. 141, 604 S.E.2d 377, defendant requested waiver of rights to appeal and postconviction review. The Circuit Court, Aiken County, L. Casey Manning, J., determined that defendant was competent to waive appellate and postconviction rights. Appeal was taken by defense counsel.

Holdings: The Supreme Court, Moore, J., held that:
(1) trial court's order denying motion for continuance in order to allow defense expert opportunity to further evaluate issue of defendant's competency was not abuse of discretion, and
(2) defendant was mentally competent to waive appellate and postconviction rights. Affirmed.