Owens is set to be executed by lethal injection in the state's first execution in 13 years. This despite a key witness who testified against Owens now proclaiming his innocence.

In South Carolina, the governor has the lone ability to grant clemency and reduce a death sentence to life in prison. However, no governor has done that in the state’s 43 executions since the death penalty was restarted in the U.S. in 1976.

Attorneys for Owens had filed an emergency motion with South Carolina's high court to reconsider stopping his death based on an affidavit filed by Owens' co-defendant, Steven Golden, stating that Owens did not shoot Graves during the robbery at the Speedway convenience store.