The lengthy court battle over whether to proceed with the execution of Pervis Payne for two 1987 Millington murders ended Thursday, Nov. 18, with District Attorney Amy Weirich announcing that Payne will instead get two consecutive life sentences.

The decision came, Weirich said during a news conference, after a state-appointed expert was unable to determine if Payne’s intellectual ability was high enough to make him eligible for the death penalty. 

Judge in Pervis Payne case tells state to finish evaluation or hire new expert

Tennessee and U.S. supreme courts have said it is unconstitutional to carry out the death penalty on anyone with an intellectual disability. A state law passed by legislators earlier this year allows inmates to appeal on the basis of their intellectual ability. 

“While evidence of Payne’s guilt has never changed or weakened, the laws regarding alleged intellectual disability as it relates to the death penalty have changed,” Weirich said.

As a result, she said the state has withdrawn its request for a hearing on Payne’s alleged intellectual disability after the state-appointed expert were unable to make a determination.

“A state expert examined Payne and all available records and could not say if Payne’s intellectual functioning is outside the range for intellectual disability,” she said. “This means that the death penalty for Pervis Payne will be removed and replaced with two consecutive sentences of life in prison for the murders of Charisse and Lacie Christopher.”

Payne, 54, has been on death row since his 1988 conviction in the 1987 Millington stabbing deaths of Charisse Christopher, 28, and her 2-year-old daughter, Lacie. Christopher’s 3-year-old son, Nicholas, who was stabbed multiple times, survived the attack.

Payne was scheduled to be executed in December 2020 but because of the COVID-19 pandemic, Gov. Bill Lee granted him a reprieve. 

The state and Payne’s defense team have been haggling in court over efforts to evaluate Payne’s mental competency before setting a new execution date. 

Weirich said her office reviewed the information from its expert last week and decided to withdrew its request for a Dec. 13 hearing on Payne’s intellectual disability.

Weirich said her office told Christopher’s family about the decision, and “the family is not happy” but “they understand we cannot change the facts and we cannot change the law.”

Since the case is pending, Weirich said she could not answer any questions about her office’s decision.

Kelley Henry, the federal public defender for Payne, said Payne and his family were shocked but happy to hear the news about Weirich’s decision to remove him from death row.

“When I called him, he couldn’t believe the news,” Henry said.

She said the defense team will ask the court for a concurrent sentence instead of consecutive, meaning the two sentences would run at the same time rather than one after the other.

State Rep. G.A. Hardaway (D-Memphis) praised the decision in a statement, calling it a “victory for the intellectually disabled and society as a whole.”

He added, however, that “we are only halfway there” and believes Payne will be exonerated eventually.