Well, you brought up a good point. And I really don't have an answer, nor do I want to have a theological debate with everyone. BUT, I'll still try to answer your question, which is only my opinion based on my beliefs and nothing else. I guess I'm really not one to say who would or wouldn't go to heaven or hell, and to be honest, I was probably in the wrong for assuming he would, as it's not my place. I'm just simply going by God's word that says thou shall not kill. The Old Testament focuses more on punishment and "eye for an eye," while the New Testament focuses more on forgiveness and mercy due to Jesus' crucifiction. I believe that if he truly asked for forgiveness, and was sincere in his heart, then he would be forgiven by the Lord. But that raises another point regarding the death penalty. Will those that give the death penalty as a punishment be judged? Will the person that is responsible for pushing the button, or turning the switch to begin the injection be judged? Will the person that ends someone's life support, causing a person to die be judged? Will the person that aids someone in suicide be judged?
I don't know. I myself am on the fence regarding the Death Penalty. God says we are not to kill, but we do to punish. If my wife were killed, or raped, or if my children were murdered or raped, or if any family member of mine was murdered, then I would want the person that did it to die a painful and miserable death. Yes, I'm a Christian, yes, I know God's word, BUT, my heart would not want that person to live, and I would like them to take the E-Train to hell, as awful as it sounds, and as hypocritical as others may paint me. Mess with me all you want, but no one touches my family.
There's a lot I have to figure out. Then again, what's the point? I know I'll know when it's my time. All I know to do is to be the best person I can be, and to try to be a loyal Christian that does not judge, that helps others, that forgives, and seeks truth in "The Word." As far as I know, both men could be having their feet washed by Jesus as we speak. Who's to say.