The state's top court Monday upheld the murder conviction and death penalty for Jesse Waylon Sapp, who gunned down a veteran Highway Patrol trooper in an attempt to avoid arrest at a Berkeley County traffic stop three years ago.

Sapp's lawyer argued a juror was incorrectly excused from service because she claimed her observance of the Methodist faith would not let her vote in favor of the death penalty. Additionally, he argued that once Sapp was convicted, his former girlfriend was wrongly prohibited from speaking out against the death penalty during the sentencing phase.

Both arguments were dismissed by the state Supreme Court as insufficient to overturn the trial's outcome.

On the night of July 7, 2002, Sapp, now 26, who had a history of drug convictions, fired on police during a traffic checkpoint on College Park Road near Goose Creek.

Cpl. Kenneth Johnson, 38, was shot once in the abdomen -- just below his bulletproof vest -- as he approached the passenger side of the green Dodge pickup truck. He died at a local hospital, leaving a widow and two children.

During questioning of the jury pool, 9th Circuit Judge Markley Dennis asked potential juror Kathleen McNair about her stance on the death penalty. She emotionally responded, "Well, as a matter of fact, I don't believe in the death penalty because of my religion."

Her answer and thoughts about the Ten Commandments began a long exchange with the judge about her convictions before he ultimately disqualified her.

The court said Dennis used proper discretion in allowing her to be excluded. "We find the record fully supports the trial court's removal of the juror," the ruling said.

The defense also said Dennis erred by not allowing Kathryn Boles, Sapp's former girlfriend who was driving the truck on the night of the shooting, to testify about whether her former boyfriend should be given a death sentence.

"Although we agree that Boles should have been allowed to testify as to whether she wished to see Sapp put to death, her failure to respond to this question was in no way prejudicial," the court said.

Sapp's lawyer, Joseph L. Savitz III of Columbia, said he believed the court erred in both instances, and he planned to appeal.

On the night of the shooting, Sapp aimed a Smith & Wesson handgun at Johnson and fired the fatal shot. The trooper fell to the ground, rolled onto his side and fired 15 rounds at Sapp. Other officers at the checkpoint who also began shooting said one of Johnson's rounds was among the three bullets that wounded Sapp. He was given the death sentence in May 2003 after a jury deliberated for 90 minutes.

The court also said the death penalty was not out of line with the severity of the shooting. "We find the death sentence was not the result of passion, prejudice, or any other arbitrary factor," the justices wrote. "Furthermore, a review of prior cases shows the death sentence in this case is proportionate to that in similar cases and is neither excessive nor disproportionate to the crime."

Sapp is being housed on Death Row at Lieber Correctional Institution in Ridgeville. No execution date has been set.

Contact Schuyler Kropf at 937-5551 or skropf@postandcourier.com.