The mastermind behind The D.C. area snipings that occurred back in 2002 is set to die Tuesday by lethal injection.

Virginia Department of Corrections spokesman Larry Traylor said that John Allen Muhammad, the mastermind behind the attacks, failed to choose between lethal injection and electrocution. In declining to choose between the two under state law the method defaults to lethal injection.

Attorney’s of John Allen Muhammad  have filed a clemency request with the state’s governor and an appeal with the Supreme Court claiming that they have new evidence of Muhammad’s mental illness. “Execution is not justified in this case because of John Muhammad’s severe mental illness as illustrated by brain damage, brain dysfunction, neurological deficits as well as his psychotic and delusional behavior,” says  Jonathan Sheldon, Muhammad’s attorney, in a press release.

Muhammad and his teenage accomplice, Lee Boyd Malvo,  killed 10 people and terrorized the D.C. area for 22 days in October 2002.  Malvo was sentenced to life in prison for his role in the shooting deaths.

On November 10,  Muhammad will be executed around 9:00 pm in the death chamber at Greensville Correctional Center in Jarratt, Virginia for the shooting death of Dean Meyers in Prince William County on October 9, 2002.