For the first time in the modern era, the state of Florida has executed a white man for killing a black man. Mark Asay was convicted of killing Robert Lee Booker and Robert McDowell in 1987, after a night out drinking. In 1991 the Florida State Supreme Court denied Asays appeal. The appeal was based on the court incorrectly identifying McDowell as a black man in it court opinion. McDowell was a White Hispanic. Asay killed McDowell and Booker in two seperate incidents. McDowell also known as Renee Torres was allegedly kill during a sexual encounter after Asay found out he was not a female. Before killing Booker, he was reported to yell racial epitaphs.Florida also use a new lethal injection protocol. Johnson and Johnson issued a statement saying “It did not condone the use of our medicines in lethal injections for capital punishment” The pharmaceutical company does not sell the drug in the United States, and a generic version is now made by other manufactures. The drug was initially made by Johnson and Johnson. Asay becomes the 28th person executed within the last ten years in Flordia.