By Yvonne M. Wenger
The Post and Courier
Copyright 2007 The Post and Courier
All Rights Reserved
COLUMBIA, S.C. — People who intentionally start a fatal fire could be given the death penalty under a bill that was approved Tuesday by the House Judiciary Committee.
The bill, which was approved by the Senate in April, now moves to the House floor for a vote, despite the concerns of Rep. Todd Rutherford, D-Columbia, who argued that the bill sets a precedent for further expansions to the death penalty.
“Under y’all’s logic, why not add every killing?” said Rutherford, an attorney. “Anytime there is a murder someone’s dead. We have a lot of murders in South Carolina. Why not simply add every murder to the death penalty. Whose life is not worth it?”
The bill would add first-degree arson to a list of nine crimes punishable by the death penalty. First-degree arson is defined by state law as a fire set intentionally and maliciously that results in death or serious bodily injury.
Other capital crimes include murder while committing criminal sexual conduct, burglary or kidnapping. Killing by poison and murder with dismemberment also qualify for the death penalty.
The legislation was prompted by a Lancaster County case in which an adopted daughter set a house fire that killed her mother, said Rep. Murrell Smith, R-Sumter.
“This is one of the most heinous and brutal ways you could kill somebody,” he said.
Rep. Doug Jennings, D-Bennettsville, argued that the death penalty isn’t a punishment carried out lightly and told the committee that he thinks if first-degree arson were added it would be enforced responsibly.
“It fits that category of the most intentional, willful, mean-spirited things that you could do to another person along with dismemberment, killing by poison and torture, which we already have in a our statute,” said Jennings, an attorney.
If the bill passes the House, it will go to Gov. Mark Sanford for his signature.
Sanford’s spokesman Joel Sawyer said the governor has not had a chance to study the specifics of the legislation and reserved comment until after he’s reviewed it.