Death row inmate awaits governor's decision

Nov. 28—An Oklahoma death row inmate scheduled for execution Thursday awaits a decision on his fate from Gov. Kevin Stitt three weeks after a state board recommended clemency.

The Oklahoma Pardon and Parole Board voted Nov. 8 to recommend clemency for Phillip Hancock, a man accused of fatally shooting two men in 2021, in what Hancock and his supporters has maintained was self-defense.

Board members voted 3-2 to recommend clemency for Hancock, 59, who is scheduled to be put to death on Thursday after an Oklahoma County jury found Hancock guilty of the April 27, 2001, murders of Robert Jett Jr., 37, and James Lynch, 58 in Oklahoma City.

It was the board's fourth recommendation for clemency since the state resumed executions in 2021 after a nearly seven-year moratorium with only one death row inmate receiving the governor's approval. Stitt commuted the sentence of Julius Jones, who was convicted of the 1999 murder of Paul Howell. Jones' sentence was commuted to life without parole in 2021 four hours before his scheduled execution.

Hancock and his attorneys argue Hancock was unarmed and went to a residence where Jett and Lynch were at when Hancock was beat with a breakover bar and threatened with a gun to force him into a cage. Hancock said he was held down and beat before Hancock managed to get the gun and shoot Jett and Lynch.

A woman at the residence said during trial she could not see the struggle, with prosecutors telling jurors there was no physical evidence at the scene that collaborates Hancock's story of self-defense.

Oklahoma Rep. Kevin McDugle, R-Broken Arrow, said during an October press conference Hancock was undeserving of the death penalty.

McDugle and other supporters of Hancock believe the death row inmate was acting in self-defense when he fatally shot Jett and Lynch, with ineffective defense counsel and prosecutorial overreach leading to Hancock's conviction.

"Oklahomans, we cherish the right to defend ourselves if we're attacked," McDugle said. "Yet, Phillip Hancock is scheduled to be executed on Nov. 30 for defending himself."

Attorneys for Hancock provided the Board with a declaration from Hancock's former girlfriend saying she arranged with Jett "to lure Hancock to his house to be 'taken care of.'"

Another declaration was provided by Hancock's trial attorney, who admitted he was experiencing a relapse of drug and alcohol addiction while he was representing Hancock and was "embarrassed by the job" he did on the case.

The foreperson of the jury who convicted Hancock also provided a declaration how she believed Hancock was attacked and initially acted in self-defense but adopted the prosecution's narrative that he "flipped to an aggressor" before firing the fatal shots.

Voting yes for clemency were Edward Konieczny, H. Calvin Prince III, and Robert Reavis II. Voting against clemency were Richard A. Miller and Kevin Buchanan.

Shawn Nolan, an attorney for Hancock, said in a statement following the vote that attorneys were heartened by the board's recommendation for clemency.

"We are very heartened by the Board's recognition that Phillip Hancock was fighting for his life when this tragic incident occurred and should never have been sentenced to death in the first place," Nolan said. We hope Governor Stitt will adopt the Board's recommendation and commute Phil's death sentence since this is a clear case of self-defense."