Date of Birth:  June 1, 1978

Sex: Male

Race: Black

Entered the Row: Jan. 20, 1999

District:  Mecklenburg

Conviction: Capital murder and robbery

Virginia DOC Inmate Number: 264973

On June 26, 1998, a 10-woman, two-man jury in Mecklenburg County convicted Robert Yarbrough of capital murder and robbery in the slaying of Cyril Hugh Hamby, 77, after deliberating for less than three hours. During the penalty phase, the jury recommended that Yarbrough be executed after deliberating less than one hour.[i] Earlier, prosecutors removed three African-Americans from the jury pool through peremptory strikes.[ii]     

At trial, the jury heard evidence that armed with a shotgun on the evening of May 8, 1997, Robert Yarbrough, 18, and Dominic Rainey, 17, entered Hamby’s Store and tied up the owner.  Yarbrough then demanded that Hamby tell him where he kept his guns and after Hamby insisted that he did not own any guns, Yarbrough kicked him in the head and upper arm and took cash from the register. Yarbrough again asked Hamby where he kept his guns and Hamby continued to maintain that he did not own any guns.  Yarbrough then took out a knife from his pocket and began to slice Hamby’s neck. Before leaving the store, Yarbrough and Rainey took beer, wine and cigarettes.  Hamby subsequently bled to death.  Several days later, police discovered Yarbrough’s blood-stained clothing and arrested him for the Hamby murder.  Rainey was the principal witness against Yarbrough.[iii] 

The Supreme Court of Virginia overturned the sentence on Sept. 17, 1999 and remanded the case for a new sentencing hearing.  During the penalty phase, Judge Charles L. McCormick III had erred when he refused to respond to a question from the panel about whether life in prison meant life in prison without parole.  The case went back to Mecklenburg County Circuit Court for a new sentencing hearing.  A different jury sentenced Yarbrough to death again on Dec. 8, 2000. McCormick once again affirmed the jury’s recommendation and sentenced Yarbrough to die.

The Virginia Supreme Court affirmed the death sentence on Sept. 14, 2001 and on May 13, 2002, the U.S. Supreme Court refused to review the case.[iv] 

[i] The Richmond Times-Dispatch. June 27, 1998. B-4.

[ii] Robert Stacy Yarbrough v. Commonwealth of Virginia.  Sept. 14, 2001.

[iii] Robert Stacy Yarbrough v. Commonwealth of Virginia. Sept. 17, 1999.

[iv] Robert Stacy Yarbrough v. Virginia. May 13, 2002.