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Actually, let's have that conversation.
I have two questions for you:
If the answer to those questions is no, then I do not understand how you could ever say the death penalty can be moral.
If you answered yes to the first, you're a monster. If you answered yes to the second, you're hopelessly naive.
Absolutely not. But you’ll agree this guy is not innocent.
That line of reasoning would be paralyzing. There’s a high chance that you’ll kill an innocent person while driving, but you’re still driving. I suppose the alternative is even worse.
Perhaps. But the question of the death penalty is larger than just this guy.
And there, I suppose, is the difference between you and me. You are willing to murder people, some portion of whom you know are not murderers, because somehow you've decided that their deaths are worth it in this instance. I am not. I find the murder of even one innocent immoral. And frankly, in a democratic system where the state acts on behalf of the people, we all have that innocent blood on our hands. We are all murderers; we are made that way by the state. Should we all, then, die?
You're also comparing accidents to deliberate acts in order to justify their murder. Those two things should not be conflated. No execution is an accident.
Versus:
Clearly, this argument is not sound. You’ll need to come up with another.
For a more nuanced discussion on this topic I’d recommend a modern Ethics textbook, such as Shafer-Landau’s Living Ethics, which breaks down arguments over the death penalty to their syllogistic form.
EDIT: more examples.
Etcetera
When I set out to drive, or paraglide, I do not set out to kill a person.
If I were to execute the death penalty, I would set out to kill a person.
Intent matters.
Here, let me help you.
This argument is valid. It is not sound.
I’m actually against the death penalty. But I am also against forming strongly held beliefs for no reason and occasionally stumbling on the correct conclusion by accident.
I’m against the death penalty, so I’m not sure what “moral position” of mine you’re attacking exactly. Our only point of friction so far has been over the use of basic logic when formulating strong opinions.