Mark McClain and Kevin Brown
The state of Georgia is fixin’ to poison another killer. Unless Governor Sonny stops things, Mark Howard McClain will be strapped onto a gurney at 7 pm Tuesday, October 20. As always, the distribution will be made at the Georgia Diagnostic and Classification Prison in Jackson.
The story took place in Richmond County. This quote is from the court ruling denying clemency.
At approximately 1:00 a.m. on Sunday, November 20, 1994, McClain left the house of his girlfriend, Tina Butler, drove to a nearby Domino’s Pizza store on Washington Road, and parked his blue Buick automobile beside the store. When Philip Martin Weeks Jr., a delivery man, returned to the store before 2:00 a.m., McClain approached Weeks and asked to purchase a pizza. Weeks explained that the store had stopped selling carry-out pizza at 10:00 p.m. the previous evening.
McClain protested and refused to leave. To appease McClain, Weeks said that he would ask the manager, Kevin Scott Brown, to make an exception for McClain.
McClain began yelling outside the store that he wanted a pizza. Brown released the lock of the door to the store, and Weeks opened the door.
McClain attempted to force his way into the store. Weeks initially struggled with McClain, but when McClain produced a small caliber revolver, Weeks fled through the store and out the back door. Brown, who weighed approximately 450 pounds, remained behind the counter of the store, unable to move quickly. As Weeks left the store, he heard McClain demand that Brown give him money.
Weeks ran to a pay telephone to call the police. After he realized the phone was broken, Weeks ran toward another pay telephone at a gas station across Washington Road. As he began to cross the street, Weeks saw a car leave the Domino’s parking lot at a high rate of speed and turn onto Washington Road. The driver, McClain, made eye contact with Weeks and an obscene gesture toward him.
Weeks memorized the license tag number of McClain’s car. Weeks then flagged down a passing motorist, who drove Weeks back to the store.
Weeks entered the store and found Brown lying on the floor behind the counter and bleeding from a bullet wound to his chest. The keys to the money till of the store, which Brown ordinarily kept in his pocket, were in the till and approximately $100 was missing. Weeks called 911, but Brown bled to death before paramedics arrived.
Before long, McClain was in custody. He called his gf, and told her to get rid of his stuff. Miss Butler gave the murder weapon to her nephew, Diego Davis. The gun was recovered less than a month later when Mr. Davis was involved in a shooting.
Miss Butler testified against Mr. McClain at his trial. The story was that he only intended to rob the store. Mr. McClain shot when he heard a noise, and thought Mr. Brown was chasing him. Remember, Mr. Brown weighed 450 pounds.
Mark McClain was found guilty of a bunch of charges. He was sentenced to die. Three statutory aggravating circumstances were found: the murder was committed during the commission of a burglary; the murder was committed during the commission of an armed robbery; “and the murder was committed for the purpose of receiving money or things of monetary value.” Mr. McClain later said his attorney did an inadequate job of defending him during the sentencing phase of the trial.
Tina Butler is a central character in this drama. It seems as though she told Mr. McClain that she needed money, and he went out to get it for her. According to the Georgia Department of Corrections, Tina Deresa Butler was convicted of forgery in Richmond county, for a crime committed August 1, 1996. Tina D. Butler is black, and six years older than Mark McClain.
The nephew that Tina Butler gave the murder weapon to was Diego Davis. On November 10, 2001, Diego Arturo Davis was arrested in Richmond County for possession of cocaine.