A Cleveland County death row inmate who is scheduled to die by lethal injection next month for killing an 8-year-old boy in 1995, might be reprieved from his sentence.

Emily Lang, spokesperson for Oklahoma Attorney General Drew Edmondson, said the Oklahoma Pardon and Parole board met Tuesday and recommended clemency for Donald Lee Gilson, 48, by a 3-2 vote.

Gilson was convicted and sentenced to death for the beating death of his girlfriend's son, Shane Coffman. Coffman's body was found in a freezer behind Gilson's trailer in Newalla Feb. 9, 1996.

Edmondson released a statement regarding the board's recommendation.

"This is one of the most horrendous crimes we have dealt with," Edmondson said. "We will be asking the governor not to follow the board's recommendation for clemency."

Lang said it is possible Gov. Brad Henry could either grant Gilson clemency or give him a 30-day execution stay while he makes a decision.

According to the attorney general's office, investigators believe Coffman died sometime around Aug. 17, 1995. A medical examiner's report revealed Coffman suffered acute fractures to his left jaw and right cheek in addition to a cracked upper incisor and fractures of the left collarbone, several ribs, a shoulder, a leg and his spine.

The Oklahoma Court of Criminal Appeals set a May 5 execution date for Gilson in February, according to the attorney general's office. Edmondson asked the court to set the execution date after the U.S. Supreme Court denied Gilson's final appeal Feb. 23.

Cleveland County Assistant District Attorney Rick Sitzman served as prosecutor at Gilson's trial. He said he learned Wednesday afternoon about the board's decision.

Sitzman said he had planned to attend Gilson's clemency hearing Tuesday, but something came up, and he wasn't able to make it. He was a little surprised the board recommended clemency for Gilson.

"I understand the reason for the clemency board," Sitzman said.

He said he also understands the board's overall role.

"I wonder in a death penalty case where the trial court had determined that the verdict was legally fair and factually fair and that decision over a period of seven to nine years has been repeatedly reviewed by first the state's appellate court and then by the federal district and circuit court and finally by the United States Supreme Court and all of the courts have agreed the verdict was fair and shouldn't be set aside only to have at the very end, a non-judicial group vote and by a one-vote margin overturn all of those previous decisions," Sitzman said.

He said it gives him pause for thought.

"In particular, I feel for the 12 jurors who actually heard this case who I am sure struggled with their decision and finally decided unanimously 12-0 that the proper punishment in this case was death," Sitzman said. "I wonder how they will feel about it."

Sitzman said the clemency decision rests on the governor. Standard practice would be for the governor to grant a stay of execution for 30 days, while he reviews the case.

"It will be up to the governor now, whether he should agree with the Pardon and Parole Board," Sitzman said.

Paul Sund, spokesperson for Gov. Henry, said Wednesday afternoon that Henry and his staff were aware of the board's clemency recommendation, and the governor's office should receive the case file from the Pardon and Parole Board either Wednesday or today.

Sund said the governor hasn't made any decision on how he will proceed with the case.

"When the board recommends clemency, he reviews the case file, brings in prosecution and defense attorneys to hear their sides of the case and after he's done and reviewed supporting information, he reviews," Sund said.

Sund said the governor will issue an execution stay for Gilson if Henry doesn't believe he can have his decision ready by May 5.

Should Henry grant Gilson clemency, it means Gilson's death sentence would be commuted to life without the possibility of parole, Sund said.

"We've had five recommendations for clemency during the Henry administration, and he has only approved two of those," Sund said.

Meghan McCormick 366-3539 mmccormick@normantranscript.com