Tennessee will move forward with the execution of death row inmate Byron Black at 10 a.m. Aug. 5 after both Gov. Bill Lee and the U.S. Supreme Court declined to intervene.

Governor Lee announced Monday evening, “The courts have universally determined that it is lawful to carry out the jury’s sentence of execution given to Mr. Black for the heinous murders of Angela Clay and her daughters Lakeisha, age 6, and Latoya, age 9. Accordingly, I do not plan to intervene.”

Decades after sending him to death row, Nashville prosecutors admitted he shouldn’t be executed. Tennessee plans to kill him anyway.