Virginia Gov. Tim Kaine has cleared the way for the execution of sniper John Allen Muhammad.

Kaine denied Muhammad's clemency request Tuesday. Muhammad is scheduled to die by lethal injection Tuesday night at a Virginia prison for killing Dean Harold Meyers at a gas station during a three-week spree that left ten people dead in 2002 across Maryland, Virginia and Washington, D.C.

Muhammad and his teenage accomplice, Lee Boyd Malvo, were also suspected of fatal shootings in other states including Louisiana, Alabama and Arizona. Malvo is serving a life sentence.

Muhammad's attorney, Jonathan Sheldon, says Virginia will be executing a severely mentally ill man.

Muhammad has exhausted all of his court appeals.

Kaine issued the following statement Tuesday:

“On November 17, 2003, John Allen Muhammad was tried before a jury in the Circuit Court of Virginia Beach, Virginia and convicted of two counts of capital murder committed in Prince William County: his premeditated murder of Dean Meyers in the commission of an act of terrorism; and the premeditated murders of Dean Meyers and others within three years. Muhammad was also found guilty of the use of a firearm in the commission of capital murder and conspiracy to commit capital murder. At the sentencing hearing on November 23, 2003, the jury sentenced Muhammad to death for the capital murders and to 23 years in prison for the other crimes. The trial court sentenced Muhammad in accordance with the jury’s verdicts on March 29, 2004.

“On April 22, 2005, the Virginia Supreme Court affirmed Muhammad’s convictions and death sentence. The United States Supreme Court denied Muhammad’s petition for a writ of certiorari on May 15, 2006.

“The trial court appointed counsel to represent Muhammad in a state habeas corpus proceeding, and on June 12, 2007, the Virginia Supreme Court dismissed this petition. On October 26, 2007, the United State District Court for the Eastern District of Virginia stayed Muhammad’s scheduled execution and appointed counsel for federal habeas corpus proceedings. The district court denied and dismissed all of his federal habeas corpus claims on September 24, 2008, and on August 7, 2009 the United States Court of Appeals for the Fourth Circuit affirmed the district court’s judgment. On November 9, 2009, the United States Supreme Court denied Muhammad’s petition for a stay of execution and a writ of certiorari.

“Muhammad’s trial, verdict, and sentence have been reviewed by state and federal courts, including the Supreme Court of Virginia, United States District Court for the Eastern District of Virginia, the United States Court of Appeals for the Fourth Circuit, and the United States Supreme Court. Having carefully reviewed the petition for clemency and judicial opinions regarding this case, I find no compelling reason to set aside the sentence that was recommended by the jury and then imposed and affirmed by the courts.

“Accordingly, I decline to intervene.”

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