Skip to main content

17 January 1977: Gilmore Execution Sees Death Penalty Reinstated

Gary Gilmore
Gary Gilmore
On 17th January 1977, Gary Gilmore became the first person to be executed in the United States in almost ten years. His death by firing squad marked the end of a ban on the death penalty which had been in place since 1972. Capital punishment has long been controversial. Globally it’s been in decline for a long time, yet it remains a feature of the US justice system. Throughout US history attempts have been made to eliminate the use of the death penalty. Undoubtedly, the most successful came in the 1970s, resulting in the four year ban.

The key to the ban was the 1972 Furman v. Georgia case. William Henry Furman was accused of killing a resident in a house during a burglary. Furman’s statement changed, from having killed the resident unintentionally by blindly firing a shot while fleeing, to his gun firing accidentally after he’d tripped.

Seeing as the death occurred as part of a burglary, Furman was eligible for the death penalty if found guilty. He was convicted, although his defenders say the verdict was reached purely on the basis of Furman’s own statement. Furman was ultimately sentenced to death, but the punishment was never carried out.

The case was brought before the US Supreme Court, who ruled that the imposition of the death penalty would have constituted a “cruel and unusual punishment” under the Eighth and Fourteenth Amendments. The Supreme Court ruled that Georgia’s death penalty statute which gave juries full discretion could lead to arbitrary sentencing. The verdict immediately freed several other criminals on Georgia’s death row from the death sentence.

In June 1972, the Supreme Court voided forty death penalty statutes, commuting the death sentences of some 629 inmates across the United States and effectively suspending the death penalty in the country.

Despite the ban, polls showed that by 1976 some 66% of Americans still supported the death penalty. Ultimately, the case of Gary Gilmore provided a precedent for the return of capital punishment.

Gary Gilmore was executed by firing squad at Utah State Prison.
Gary Gilmore was executed by firing squad at Utah State Prison.
A career criminal who by the age of 35 had already spent half of his life in jail, over the course of two days in July 1976 Gilmore killed two men: gas station attendant Max Jensen and motel manager Ben Bushnell. Both men had been robbed by Gilmore and despite complying with his demands, were killed.

Gilmore was quickly found guilty of murder and sentenced to death, reigniting the debate around capital punishment in the USA. The American Civil Liberties Union and the National Association for the Advancement of Colored People united to launch campaigns to prevent his execution, fearing the precedent it would set. 

Gilmore himself accepted the sentence. Firing his legal team who’d attempted to have his sentence overturned, he then took the unusual step of campaigning for a hasty execution; launching a hunger strike in protest at the delay in carrying out the sentence and having a letter published in the press asking his mother to stop trying to intervene on his behalf.

The Supreme Court set basic requirements that needed to be met if the death penalty was to be reinstated in a state:

1. Capital sentencing must be based upon objective criteria to direct and limit the exercise of discretion.

2. The adjudicator must take into account the character and record of the individual defendant.

Any state complying with those criteria was allowed to enact new death penalty laws, something 37 states of the USA have done since 1976.

Gilmore meanwhile, was executed by firing squad on 17th January 1977. Supposedly, his last words were: “Let’s do it.”

Source: New Historian, Daryl Worthington, January 17, 2017

⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Most viewed (Last 7 days)

Oklahoma executes James Pavatt

Pavatt claimed innocence in the slaying of an Oklahoma City advertising executive for insurance money. His co-defendant and former lover Brenda Andrew is also on death row. James Pavatt made no final statement before being executed Thursday for killing his lover’s estranged husband nearly 25 years ago. Pavatt merely shook his head when asked by Oklahoma Department of Corrections Chief of Operations Jason Sparks if he had any last words. Pavatt appeared to share a quick word with Michael Scott, his spiritual advisor, after microphones inside the death chamber had been cut off.

Oklahoma Death Row inmate James Pavatt scheduled to be executed Thursday

James Pavatt is scheduled to be executed on Thursday for the 2001 killing of an Oklahoma City man. OKLAHOMA CITY—Oklahoma Death Row inmate James Pavatt is set to be executed for the 2001 murder of advertising executive Rob Andrew. His execution is scheduled for Nov. 12, 2026. In 2004, Pavatt and his lover/co-conspirator, Brenda Andrew, were sentenced to death for planning the killing of her estranged husband in an attempt to claim his $800,000 life insurance policy. Brenda is the only woman on Oklahoma’s death row.

Judge allows Tennessee death row inmates to include botched executions in lawsuit

NASHVILLE, Tenn. (WKRN) — Two failed executions in Tennessee are now at the center of a growing legal battle over the state’s lethal injection protocol after a judge ruled in favor of death row inmates Friday. A Davidson County judge ruled death row inmates can expand their lawsuit to include new allegations stemming from the botched executions of Tony Carruthers and Christa Pike. The original lawsuit, filed in March 2025, argues Tennessee’s death penalty protocol violates the constitutional rights of death row inmates with complex medical conditions. More than one year later, the state then failed to execute two inmates: Tony Carruthers and Christa Pike.

Two men set to be executed in Texas and Oklahoma today

The U.S. was preparing to carry out two executions on Thursday, one in Oklahoma and one in Texas. In Texas, the condemned man is John Allen Rubio, 46, who is set to be put to death at the state prison in Huntsville. He was convicted of beheading three young children he was raising in a 2003 killing that rattled a community along the U.S.-Mexico border. The other man facing execution is James Pavatt, 73, who is set to die by lethal injection at Oklahoma's state penitentiary in McAlester.

Texas executes John Rubio

Texas man who killed 3 children is put to death, hours after an Oklahoma execution James Pavatt was put to death in Oklahoma for Rob Andrew’s killing. In Texas, John Allen Rubio was executed for the deaths of Julissa Quesada, John E. Rubio, and Mary Jane Rubio.  A Texas man convicted of fatally stabbing and beheading 3 young children in a squalid, windowless apartment in 2003 was executed Thursday evening, hours after Oklahoma put another man to death. 

Why Many Americans Think Christa Pike Should Undergo a Second Execution Attempt

On October 20, Reuters released the results of a survey showing that 33% of the American public want Tennessee to try again to put Christa Pike to death. Another 26% are undecided. That means 59% of the public would support or be open to such a possibility. I want to suggest a reason why. Second execution attempts are rare in this country and, as a result, the public knows little if anything about them. That may help explain why so many would give Tennessee another chance to kill Christa Pike.

Iran executes three more January protesters accused of spying for Israel, US

In a statement, the judiciary said that “the death sentences of Hassan Deoband, Hamid Kazemi, and Reza Zangana were carried out on charges of ‘participating in operational action for the infamous Zionist regime and the United States and hostile groups.’” ERBIL, Kurdistan Region of Iraq – Iran on Sunday executed three more protesters over their involvement in the nationwide demonstrations in January, the judiciary announced, accusing them of spying for the United States and Israel and destroying infrastructure. 

Alabama executes Michael Shannon Taylor

Alabama executes man convicted of 1991 double murder  The state of Alabama carried out the execution of 54-year-old Michael Shannon Taylor Thursday night for the 1991 murders of an elderly Etowah County couple, 35 years and 1 day after the crime.  Taylor, convicted in 1993 on 3 counts of capital murder, was sentenced to death unanimously by a jury for killing 83-year-old Ivan Ernest Moore and 79-year-old Lucille Moore inside their Gadsden home during a robbery. Taylor was 19 at the time. 

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.