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Christopher Sepulvado

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Christopher Sepulvado
Born (1943-11-11) November 11, 1943 (age 81)
Louisiana, U.S.
Criminal statusIncarcerated on death row in Louisiana
Conviction(s)First-degree murder
Criminal penaltyDeath
Details
VictimsWesley Allen Mercer, 6
DateMarch 8, 1992
Location(s)Louisiana
Imprisoned atLouisiana State Penitentiary

Christopher Sepulvado (born November 11, 1943) is an American convicted murderer on death row in Louisiana for the 1992 murder of his stepson Wesley Allen Mercer, who was beaten with a screwdriver and scalded to death by Sepulvado on March 8, 1992. Sepulvado was convicted of first-degree murder and sentenced to death in 1993. Sepulvado, the oldest inmate on Louisiana's death row, is set to be executed by nitrogen hypoxia on March 17, 2025, marking the state's first execution scheduled since 2010.

Murder of Wesley Allen Mercer

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On March 8, 1992, in Mansfield, Louisiana, Christopher Sepulvado abused and murdered his six-year-old stepson, Wesley Allen Mercer (October 6, 1985 – March 8, 1992), by assault and scalding.

Background and abuse of Mercer

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In September 1990, Sepulvado first dated Mercer's mother, Yvonne Mercer, who was separated from her first husband at that time. Mercer, then four years old, initially lived with Yvonne and her parents. In January 1991, despite her family's objections, Yvonne and Mercer moved to Mansfield to live with Sepulvado. Soon after, Sepulvado began drinking heavily and physically abusing Yvonne. On May 10, 1991, Yvonne left him and returned to her parents' home. Between late May and early July 1991, Yvonne moved back in with Sepulvado, leaving her son with her mother. However, after another incident of abuse, she left him again and returned to her parents' house. After a short stay with her parents, the defendant returned to Sepulvado, this time taking Mercer with her. It was then that Sepulvado began abusing Wesley instead of Yvonne, with the abuse gradually escalating in both physical and verbal forms.[1]

Three days before the murder, on March 5, 1992, Sepulvado married the mother of his stepson. Merely a day after the marriage, Mercer was subjected to mistreatment and abuse from both his mother and stepfather for the next two days before he was killed. On March 6, 1992, Mercer returned from school and he defecated his pants thrice. Mercer's mother did not allow her son to have supper and also spanked him, while for Sepulvado, on the first occasion Mercer defecated in his pants, he tied a noose to a ceiling fan and threatened to hang Mercer by the neck, and even told Mercer to count while standing on the chair with one foot. Sepulvado also used a belt to whip Mercer and also shoved the boy's head into a toilet bowl during the second and third time when Mercer defecated in his shorts.[1][2]

On March 7, 1992, Mercer was starved for another day after Sepulvado instructed his wife to not feed her son, and Mercer was hit by his mother and got his hair pulled, and the couple forced Mercer to sleep on a small trunk.[1]

Mercer's death

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On the morning of March 8, 1992, Mercer was kicked into the bathroom by Sepulvado, who threatened to scald him with hot water if he again defecated his pants, and that same morning, Mercer was told to dress and clean up before going to church, but as the boy hesitated, Sepulvado whacked Mercer on the head with the handle of a screwdriver several times until the boy fell unconscious, and Sepulvado also immersed the boy into a bathtub full of scalding hot water.[1][2][3]

After the assault and scalding, Mercer was allowed to eat, but he vomitted, fell over, and lost consciousness right after. Three hours later, the couple rushed Mercer to DeSoto General Hospital. Despite receiving medical treatment, six-year-old Wesley Mercer was pronounced dead shortly after 2:00 pm on that afternoon. A day later, an autopsy was conducted by Dr. George McCormick, and he found that the cause of death was due to failure of the heart and lungs caused by severe third degree burns covering 58% of the boy's body, and Dr. McCormick also found multiple head wounds on Mercer.[1][2]

Trial, sentencing, and appeals

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After the police investigations revealed their involvement in the death of Wesley Mercer, the couple were arrested for killing Mercer. Christopher Sepulvado was charged with first-degree murder, while Yvonne Mercer was charged with second-degree murder. Sepulvado admitted to the police and court that he had assaulted Mercer but denied that he intentionally immersed Mercer into the water, claiming that the victim accidentally fell into the bathtub and therefore got scalded by the hot water.[2]

On April 17, 1993, a DeSoto County jury found Sepulvado guilty of first-degree murder, and two days later, on April 19, 1993, the jury recommended the death penalty for Sepulvado. In accordance to the jury's verdict, Judge Robert E. Burgess sentenced 49-year-old Christopher Sepulvado to death on May 24, 1993.[4][5]

As for Yvonne, she was convicted of a lesser charge of manslaughter and sentenced to 21 years in prison. Yvonne's appeal against her conviction was rejected by the Louisiana Second Circuit Court of Appeal on May 10, 1995.[1] Yvonne served 7+12 years out of her sentence before she was released in 2002, and had remarried since. She would accept an interview in February 2013, stating that she was saddened with her son's death and felt partly responsible for not ending her toxic relationship with Sepulvado, although she said she never killed her son and was not as evil as what people believed her to be. Yvonne wrote a book regarding her experiences of being abused by Sepulvado throughout their relationship and marriage.[6]

On April 8, 1996, the Louisiana Supreme Court dismissed Christopher Sepulvado's appeal against his conviction and sentence.[2] The U.S. Supreme Court rejected Sepulvado's appeal on October 15 of that same year.[5]

The Louisiana Supreme Court rejected Sepulvado's second appeal (relating to ineffective trial counsel) on March 24, 2000. The 5th Circuit Court of Appeals dismissed Sepulvado's appeal on January 13, 2003.[5][7]

Sepulvado's second appeal to the 5th Circuit Court of Appeals was dismissed on February 7, 2013. In the end, Sepulvado's final appeal was turned down by the U.S. Supreme Court on October 15, 2013.[5][8]

Death warrants and stay orders

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2010s

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After exhausting nearly all his appeals, a death warrant was issued to Christopher Sepulvado, whose execution was scheduled to take place on February 13, 2013. The Louisiana Supreme Court denied a stay of execution to Sepulvado on January 28, 2013.[9] The Louisiana Conference of Catholic Bishops appealed to then Governor Bobby Jindal to stay the scheduled execution of Sepulvado.[10]

Subsequently, U.S. District Judge James Joseph Brady delayed the execution pending more information on the state's lethal injection protocol. However, a three-judge panel of the 5th U.S. Circuit Court of Appeals overturned the stay order in August 2013, finding that Brady had abused his discretion in issuing the order.[11] Afterwards, on September 6, 2013, the execution of Sepulvado was re-scheduled to be carried out on November 5, 2013.[12] However, the Louisiana Supreme Court vacated the execution date three weeks later, allowing Sepulvado time to continue with his appeal.[13]

For the second time, Sepulvado's execution date was re-scheduled on February 5, 2014, and in preparation for Sepulvado's upcoming execution, the Louisiana prison authorities decided to switch to a new double-drug combination (midazolam and hydromorphone) to carry out Sepulvado's lethal injection execution in replacement of their usual drug pentobarbital (which the state failed to procure despite efforts to do so).[14] The changes in Louisiana's lethal injection protocols and several other states were made in light of the European drugmakers' decision to stop importing to the U.S. their barbiturates and sedatives used for lethal injection executions in the death penalty states, and the controversies surrounding the change in these protocols and shortage of lethal injection drugs.[15][16] In response to the change in the execution protocols, Sepulvado's lawyers argued that this change could increase the risk of subjecting Sepulvado to cruel and unusual punishment, making his execution potentially unconstitutional, and sought to delay Sepulvado's execution.[17][18]

Two days before the execution could be carried out, the execution date was temporarily staved off with a 90-day postponement, in light of a federal lawsuit filed against the state's newly-enacted lethal injection protocols.[19][20] While the lawsuit was still pending, the stay of execution was extended to remain in effect until January 2018.[21] In 2015, the U.S. Supreme Court ruled in a separate case that the use of midazolam did not violaate the prohibition of cruel and unusual punishment, but it did not have any bearing in the lawsuit, which was still ongoing at that point.[22]

On December 9, 2017, U.S. District Judge James Brady, who was in charge of hearing the lawsuit, died from an illness. On January 5, 2018, the court order that suspended all executions in Louisiana was extended indefinitely due to Brady's death, and another judge was put in charge to preside the lawsuit.[23][24]

2020s

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On April 3, 2022, the lawsuit against Louisiana's lethal injection protocols was rejected after nearly ten years of hearing. Sepulvado was one of the ten or so condemned prisoners who acted as the plaintiffs of the motion.[25]

In 2023, then Louisiana Governor John Bel Edwards, who was nearing the end of his governorship in 2024, announced for the first time in public that he opposed the death penalty, and had pushed for lawmakers to abolish the death penalty in Louisiana. However, on May 24, 2023, a majority of lawmakers rejected the bill to abolish capital punishment.[26][27] A month after the bill was rejected, in June 2023, 56 out of all the 57 inmates on Louisiana's death row filed for clemency from the governor, in light of his abolitionist stance, and Sepulvado was one of the 56 prisoners petitioning for clemency, although the pleas would be processed by the Louisiana's Board of Pardons and Committee on Parole.[28][29]

In July 2023, the clemency petitions of Sepulvado and the other 55 death row inmates were rejected by the state's parole board, after they found that all the inmates were ineligible for clemency hearings, since the pleas cannot be filed within a year of a judge ruling on an appeal.[30] In October 2023, further appeals by five condemned inmates (including Antoinette Frank) for clemency were all rejected by the state parole board.[31][32]

In March 2024, Louisiana Governor Jeff Landry (who succeeded Edwards as governor) signed a bill to allow the state to adopt both nitrogen gas inhalation and the electric chair as alternative execution methods aside from lethal injection. The bill was first introduced months after the execution of Kenneth Eugene Smith in Alabama; Smith was the first person from the U.S. and the world to be put to death by nitrogen hypoxia.[33][34] At that point in time, there was a moratorium on all executions in Louisiana for 14 years, after the state last executed Gerald Bordelon in 2010 for the rape-murder of his stepdaughter,[35] and the moratorium was a result of the state's difficulty to procure new drugs to carry out further executions by lethal injection and refusal of drug companies to sell them for lethal injection executions. Several family members of murdered victims (whose killers were condemned to death row) supported the Bill to authorise executions by nitrogen gas and electrocution.[36][37]

Current status

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In early February 2025, Louisiana Attorney General Liz Murrill announced that the state would resume executions by the newly-enacted method of nitrogen hypoxia, which was first used by Alabama to execute four prisoners between January 2024 and February 2025. Christopher Sepulvado and two other condemned inmates, rapist-killer Jessie D. Hoffman Jr. and the "Cheneyville slasher" Larry Roy, were among the first death row prisoners which the Louisiana authorities sought to execute first. Louisiana Governor Jeff Landry also affirmed the state's decision to resume executions, so as to affirm the promise to bring justice to crime victims after a long wait.[38][39]

On February 12, 2025, Judge Amy Burford McCartney signed a death warrant for Sepulvado, scheduling his death sentence to be carried out on March 17, 2025. Sepulvado, who was 81 years old at this point in time, was the oldest out of all the 57 death row inmates held in Louisiana. In response to the death warrant, Sepulvado's lawyers argued that their wheelchair-bound client was of advanced age and suffered from multiple serious medical ailments and grew remorseful over his stepson's murder, and thus judicial mercy and compassion should be exercised in his case.[40][41]

Sepulvado's death warrant was the second to be issued that same month to a condemned inmate from Louisiana; Larry Roy's execution was originally scheduled to happen on March 19, 2025, but afterwards, the death warrant of Roy was cancelled after it came to light that Roy had not completely exhausted all his avenues of appeal against the death sentence, which Roy received for a 1994 double murder of Freddie Richard Jr. and Rosetta Silas.[42][43]

Another Louisiana inmate, Jessie Hoffman Jr., was slated to be put to death for the 1996 rape-murder of Mary Elliot on March 18, 2025, a day after Sepulvado's scheduled execution, which marked the first back-to-back executions set to occur after Louisiana's 15-year moratorium on executions. If executed, Sepulvado will become the first person to be executed 15 years after the state's last execution in 2010, in addition to being Louisiana's first condemned inmate to die by nitrogen hypoxia.[44][45]

As of 2025, Christopher Sepulvado remains on death row at the Louisiana State Penitentiary, awaiting his execution.

See also

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References

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  1. ^ a b c d e f State v. Sepulvado [1995], Louisiana Second Circuit Court of Appeal (United States).
  2. ^ a b c d e State v. Sepulvado [1996], Louisiana Supreme Court (United States).
  3. ^ "Mercer". The Times. March 8, 2012 – via newspapers.com.
  4. ^ "Louisiana delays execution after challenge to lethal drug combo". Reuters. February 4, 2014.
  5. ^ a b c d "Sepulvado-12-10251-Petition" (PDF). amazonaws.com. May 8, 2013.
  6. ^ "Mother of murdered child tells her side of the story". KSLA. February 14, 2013.
  7. ^ "Sepulvado-12-10251-BIO.pdf" (PDF). amazonaws.com. August 28, 2013.
  8. ^ "Search - Supreme Court of the United States".
  9. ^ "Execution can go forward, La. court says". UPI. January 28, 2013.
  10. ^ "Catholic bishops ask Jindal to stop La. execution". KTBS. February 5, 2013.
  11. ^ "Federal judge halts execution scheduled for next week". The New Orleans Advocate. February 7, 2013.
  12. ^ "Execution date reset for convicted child killer". KTBS. September 6, 2013.
  13. ^ "La. high court vacates man's Nov. 5 execution date". WDSU. September 27, 2013.
  14. ^ "Louisiana switches lethal injection drugs for next week's execution". CNN. January 28, 2014.
  15. ^ "EU's stance forces US executioners to improvise". Associated Press. February 18, 2014.
  16. ^ "Louisiana execution postponed to study lethal drugs". USA Today. January 28, 2014.
  17. ^ "Delay Sought In Execution Planned For Next Week". KTBS. January 27, 2014.
  18. ^ "State execution method change won't end challenge". KTBS. January 28, 2014.
  19. ^ "Execution planned for Wednesday delayed by 90 days". Associated Press. February 3, 2014.
  20. ^ "Sepulvado's execution delayed for 90 days". Daily Advertiser. February 3, 2014.
  21. ^ "Judge rules out next Louisiana execution before 2018". KTBS. June 1, 2016.
  22. ^ "High court ruling won't settle Louisiana execution questions". Associated Press. June 29, 2015.
  23. ^ "Court extends halt in Louisiana executions after judge dies". Associated Press. January 5, 2018.
  24. ^ "Judge's death leads to another order to halt Louisiana executions". KTBS. January 5, 2018.
  25. ^ "Execution suit tossed because Louisiana can't get drugs". Associated Press. April 3, 2022.
  26. ^ "Abortion, raises and death penalty top of Edwards' agenda". Associated Press. April 10, 2023.
  27. ^ "Louisiana lawmakers reject bill to abolish death penalty". Associated Press. May 24, 2023.
  28. ^ "Nearly all of Louisiana's death row inmates ask governor for clemency on the same day". Associated Press. June 13, 2023.
  29. ^ "Who are the 56 inmates on Louisiana's death row requesting clemency?". KPLC TV. August 11, 2023.
  30. ^ "All 56 Louisiana death row clemency petitions turned away for being ineligible". Associated Press. July 28, 2023.
  31. ^ "Louisiana denies clemency hearings to five death row prisoners". The Guardian. October 14, 2023.
  32. ^ "Louisiana pardon board denies clemency hearings to five on death row". Louisiana Illuminator. October 14, 2023.
  33. ^ "Louisiana governor signs bills that expand death row execution methods and concealed carry". Associated Press. March 5, 2024.
  34. ^ "Execution by nitrogen hypoxia doesn't seem headed for widespread adoption as bills fall short and nitrogen producers object". CNN. June 8, 2024.
  35. ^ "La. man executed for killing stepdaughter". The Houma Courier. January 8, 2010.
  36. ^ "Louisiana House committee OKs nitrogen gas executions, electrocutions". Louisiana Illuminator. February 21, 2024.
  37. ^ "Louisiana moves step closer to nitrogen gas suffocation, electrocution for executions". Shreveport Times. February 21, 2024.
  38. ^ "Louisiana seeks to resume executions imminently after a 15-year pause". Associated Press. February 12, 2025.
  39. ^ "Louisiana resuming executions after 15 years, issues first protocol for nitrogen hypoxia". CBS News. February 12, 2025.
  40. ^ "Louisiana judge schedules execution for 81-year-old who killed his stepson in 1992". Louisiana Illuminator. February 12, 2025.
  41. ^ "Execution date set for DeSoto Parish child killer". KTBS. February 13, 2025.
  42. ^ "With Louisiana leaders intent on first execution since 2010, DA obtains death warrant". Louisiana Illuminator. February 12, 2025.
  43. ^ "Two Louisiana executions set back-to-back, possibly the state's first using nitrogen gas". The Shreveport-Bossier City Advocate. February 12, 2025.
  44. ^ "Louisiana, Arizona end pauses on capital punishment as 3 executions set for March". USA Today. February 12, 2025.
  45. ^ "Louisiana schedules back-to-back executions for next month". Louisiana Illuminator. February 13, 2025.