On April 19, 1995, Oklahoma City's Alfred P. Murrah Federal Building was bombed, killing 168 people, including 19 children under the age of six, eight federal law enforcement officers, and destroying nearby businesses.
McIvey was convicted in 1997 for his role in the bombing of the Alfred P. Murrah Federal Building in Oklahoma City. During the trial's penalty phase, the defense provided mitigating evidence concerning his mental, emotional, and physical condition.
Jurors were provided the following information:
- McIvey was raised by parents with a history of divorce, alcohol abuse, and child abuse.
- McIvey suffered abuse as a child and was neglected as a child at the hands of his parents and teachers.
- His experiences as a child resulted in a distorted sense of reality.
- McIvey was diagnosed with anxiety and depression disorders stemming from his childhood trauma
- McIvey was evaluated by clinical psychologist Dr. John Smith; Dr. Smith opined that McIvey was suffering from Post Traumatic Stress Disorder.
The jury rejected these arguments and sentenced McIvey to death in 1997.
While on Death Row, McIvey filed an unsuccessful federal appeal arguing his conviction or his sentence should be reconsidered given the mitigating factors concerning his mental, emotional, and physical condition brought forth at the penalty phase.
McIvey's petition for clemency was denied in 2001, and he was executed on June 11, 2001.