Skip to main content

Three Ways to Kill the Death Penalty in Colorado

Colorado Gov. John Hickenlooper
The Colorado Supreme Court recently upheld a lower court's decision to reverse David Bueno's first-degree-murder conviction because evidence that might have helped him was withheld in his death-penalty case. Michael Radelet, a University of Colorado Boulder sociology professor and author of The History of the Death Penalty in Colorado, the definitive work on its subject, sees the Bueno case as a particularly compelling argument in favor of ending capital punishment in the state once and for all, and he sees multiple possibilities for how it might finally happen.

"There are three scenarios," says Radelet, who also teaches a class about the death penalty at CU Boulder. "One of them is a constitutional challenge. Another one is legislative. And the third has to do with the governor," John Hickenlooper.

As Radelet points out, death penalties in Colorado weren't always as rare as they are today: "There were 102 executions here between 1859 and 1967, and only one since then — Gary Davis," who essentially volunteered for the job, according to our Alan Prendergast. In 1997, Davis, who was convicted of kidnapping, rape and sexual assault eleven years earlier, made it known that he preferred to die by lethal injection rather than spend his life in prison, leading to what death-penalty opponent Sister Helen Prejean has called a "consensual execution."

Prior to Davis, the last death row prisoner to be killed in Colorado was Luis Monge, whose 1967 death proved nationally significant. "After Monge was executed, there were no more executions in the United States for ten years," Radelet reveals. "The U.S. Supreme Court abolished the death penalty in 1972, and all of those on death row had their sentence commuted to life. Then the states enacted new death-penalty laws that were approved in 1976, and the first execution in the modern era was Gary Gilmore in 1977. He had dropped his appeals and asked to be executed, and the State of Utah was more than happy to grant his wish."

At present, Radelet goes on, "the death penalty is legal in 31 states, but there have been a number of states that have abolished it in recent years, including Massachusetts, New York, New Jersey, New Mexico, Illinois, Connecticut, Maryland and Delaware. And the Nebraska legislature also voted to abolish it, and overrode the veto of the governor there, Pete Ricketts. But the Ricketts family is loaded, and the family donated hundreds of thousands of dollars to fund a death-penalty referendum in 2016, and the voters reinstated it."

In addition, four states currently have a moratorium on capital punishment: Oregon, Washington, Pennsylvania and, effectively, Colorado, in the wake of Governor Hickenlooper granting a reprieve but not clemency to Chuck E. Cheese killer Nathan Dunlap in 2013.

To Radelet, the seeds for Hickenlooper's decision were sown in 1989, "when Colorado passed life without the possibility of parole. That provided a good alternative to the death penalty, because it kept the communities safe and punished people very severely. The costs of death-penalty cases have also gone up a great deal. But something that hasn't gotten a lot of attention is that, since 1976, the number of executions has gone up as the number of homicides solved by an arrest has gone down. In 1960, the national average was 90 percent solved. That was down to 78 percent solved in 1976, and now it's gone down to 62 percent. So nearly four out of ten homicides aren't solved — and in 2009, that led to an attempt in Colorado by the Families of Homicide Victims and Missing Persons to abolish the death penalty. But it fell one vote short."

During the past ten years, only two people have been sentenced to death in Colorado: Sir Mario Owens in 2008 and Robert Ray in 2010, both for the 2005 murders of Javad Marshall-Fields and his fiancée, Vivan Wolfe. And while two death-penalty cases are currently pending (against Miguel Contreras-Perez and Brandon Johnson), Radelet notes that seven other cases over recent years in which capital punishment was sought ended with juries opting for non-death-penalty verdicts for defendants, including Aurora theater shooter James Holmes and Fero's bar killer Dexter Lewis.

How to prevent more death-penalty prosecutions? Radelet says that attorney David Lane, a longtime death-penalty opponent who handled the Bueno case and is also defending Contreras-Perez, "has been granted permission for an evidentiary hearing on the Colorado death penalty" in the latter case. If Lane prevails at a hearing likely to take place later this year, capital punishment in the state could be found unconstitutional, setting into motion a series of events capable of dooming the statute.

Additionally, Radelet goes on, "the legislature can do it — and politics being what they are, it's at least conceivable that they might," especially if Representative Rhonda Fields, Javad Marshall-Fields's mother, has a change of heart in regard to the subject. "She's incredibly smart and very articulate, but very supportive of the death penalty. If she came out tomorrow and decided that more than enough time and money had been spent on the cases of Owens and Ray, the death penalty in Colorado would be abolished. But even though she's made some critical statements, she hasn't come out in support of an abolition bill" of the sort sponsored by state senator Lucia Guzman last year; it didn't get very far.

The third possibility, as Radelet sees it, would involve Hickenlooper commuting the sentences of Dunlap, Ray and Owens. "That's not abolition," he acknowledges, "but it just throws a huge wrench into the whole deal and makes everybody calm down and reassess everything, so they can think about whether we're getting bang for our buck. Hickenlooper has a tremendous amount of power on this, and who knows what he's thinking."

Meanwhile, Radelet adds, "Beth McCann, the district attorney in Denver, has announced that she will no longer seek the death penalty. So the Fero's bar case will be the last death-penalty case in Denver, at least until somebody else takes over that office. And Beth McCann is wildly popular; her decision about the death penalty hasn't had any impact on her public approval."

For that reason, Radelet believes that opposing capital punishment in Colorado can no longer be characterized as a political death sentence. But it's unclear how many politicians agree. At this writing, no legislation to abolish executions in Colorado has been proposed in 2018.


Source: westword.com, Michael Roberts, March 27, 2018. Michael Roberts has written for Westword since October 1990, serving stints as music editor and media columnist. He currently covers everything from breaking news and politics to sports and stories that defy categorization.


⚑ | 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!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Will the US Supreme Court end nitrogen gas executions?

When President Donald Trump returned to office in January 2025, he directed his administration to “ restor[e] the death penalty .” His embrace of capital punishment helped fuel a surge in executions at the state level last year, as I previously reported , and led the Justice Department to produce a report on “strengthening” the federal death penalty, which was released late last month. In the report, the Justice Department defended the use of pentobarbital – a powerful sedative – for lethal injections, criticizing the Biden administration’s determination that it may cause “unnecessary pain and suffering.” Nevertheless, citing ongoing legal challenges to pentobarbital use and related problems obtaining the drugs used in lethal injections, the DOJ recommended expanding the list of federal execution methods by adding firing squads, electrocution, and lethal gas.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

South Dakota | Latest appeal from state's lone death row inmate denied

SIOUX FALLS, S.D. (KELO) — The U.S. Court of Appeals for the 8th Circuit has rejected the latest appeal from Briley Piper, the only person on death row in South Dakota. In March 2000, Briley Piper, along with co-defendants Elijah Page and Darrell Hoadley, conspired to burglarize the Lawrence County home of 19-year-old Chester Poage before abducting and murdering him by beating, stabbing, and stoning in a remote area.  Piper was subsequently arrested, convicted of murder, and sentenced to death, while his accomplices received either a death sentence—carried out against Page in 2007—or a sentence of life imprisonment without parole. 

Former FedEx driver sentenced to death for killing 7-year-old girl after delivery at her Texas home

DALLAS (AP) — A former FedEx driver was sentenced to death on Tuesday after he pleaded guilty to killing a 7-year-old girl he took from her Texas home while delivering a Christmas gift. Jurors in a Fort Worth courtroom decided on Tanner Horner's punishment after hearing about a month of testimony and evidence that included audio of Athena Strand's last moments from inside his delivery van. Horner, 34, pleaded guilty to capital murder last month in the 2022 killing just as his trial began. Athena's body was found two days after she was reported missing from her home in the rural town of Paradise, near Fort Worth.

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.