Skip to main content

Arizona to resume executions after two-year pause

PHOENIX — Arizona will resume executions — perhaps as soon as early 2025, officials say.

The decision by Attorney General Kris Mayes comes after Gov. Katie Hobbs dismissed, on Tuesday, the retired federal magistrate she had hired in early 2023 to review the process the state uses to put condemned people to death. Mayes said she was waiting on that report before seeking any death warrants from the Arizona Supreme Court.

David Duncan has not finished his work, for which he was authorized to charge $175 an hour, up to $100,000.

But Hobbs, in a letter to him obtained by Capitol Media Services, told Duncan she no longer has confidence in him, saying his reports to her show he has gone far afield of her request to review the protocols and procedures used to put inmates to death that in the past have sometimes resulted in “botched’’ executions.

In fact, the governor noted, Duncan at one point suggested the Department of Corrections, Rehabilitation and Reentry should consider using a firing squad saying that it “does overcome the impediments to lethal injection from unavailability of material and skilled personnel.’’ That, however, is not even an option under Arizona law. So Duncan will get just $36,000 for the work he has done.

But Hobbs said Duncan’s failing to do what she asked is just part of the reason she has concluded the state is now ready to resume executions for the first time in two years.

She said Ryan Thornell, her choice as director of the corrections department, has now completed his own review of the execution process. That report, obtained by Capitol Media Services, lays out a series of changes, from revised training requirements to extensive documentation of all aspects of the process.

“With these changes in place, ADCRR is prepared to conduct an execution that complies with the legal requirements if an execution warrant is issued,’’ the Democratic governor said.

Mayes, also a Democrat, said Tuesday she now will seek a warrant to execute Aaron Gunches within the next two weeks. He was on schedule to be put to death last year when Hobbs asked Duncan to study the issue; Mayes agreed to pause the process until that was complete.

Gunches pleaded guilty to first-degree murder and kidnapping in the 2002 death of Ted Price, his girlfriend’s ex-husband, in the Phoenix area.

He waived his right to post-conviction review and in November 2022 filed a motion on his own behalf seeking an execution warrant. But Gunches withdrew that request in January 2023 after Hobbs took office.

The Supreme Court refused to reconsider.

But the warrant, which had a fixed time limit, expired before the execution was carried out. And until now Mayes had refused to seek a new one.

25 on death row have exhausted appeals


Gunches would be just the first: Mayes said of the 111 inmates on death row, 25 have exhausted their appeals.

Arizona, under Republican former Attorney General Mark Brnovich, resumed executions in 2022 after an eight-year pause following the botched procedure when Joseph Wood was given 15 doses of a two-drug combination over two hours. Three inmates were put to death in 2022.

But Hobbs, in appointing Duncan shortly after she took office, said the process remained plagued by questions.

“Recent executions have been embroiled in controversy,’’ she said at the time. There were reports that prison employees repeatedly encountered problems in placing the intravenous line into the veins of the condemned men.

“The death penalty is a controversial issue to begin with,’’ the governor said then. “We just want to make sure the practices are sound and that we don’t end up with botched executions like we’ve seen recently.’’

Under Arizona law, however, the governor plays no role in executions.

It is solely up to the attorney general to ask the Arizona Supreme Court for the necessary warrant to execute someone once all appeals are exhausted. And unlike in some states, the governor here cannot unilaterally pardon someone or commute a sentence without first getting a recommendation to do so from the Arizona Board of Executive Clemency.

But Mayes, in legal filings with the Supreme Court last year, agreed with Hobbs that the delay was justified.

“There is a heightened need to ensure any capital sentence is carried out constitutionally, legally, humanely, and with transparency,’’ she told the justices.

And now?

“Given the review that has now been completed by the Department of Corrections, I feel confident that the state is prepared to conduct an execution,’’ Mayes told Capitol Media Services. “And so I will be issuing a request for an execution warrant to the Supreme Court in the next two weeks.’’

Process improved, Mayes says


Mayes said her office has been working with the agency on its review for more than six months. There have been “several improvements’’ made, she said.

One of the big issues has been the inability of agency staff to properly place the intravenous line into the inmate to administer the lethal chemicals, something Thornell said led to “executions lasting longer than expected.’’ He also said some executions involved a procedure that was “extensive and intrusive.’’

The director said a new medical team has been assembled, including a phlebotomist — a specialist who draws blood — “providing a level of expertise to the team related to IV placement procedures.’’

Thornell said there has been “inconsistency’’ in the record about the decisions about executions made by prior agency directors and the communication with the medical team.

“I will not make decisions without the advice of the trained and qualified medical/IV team,’’ he said.

The report also says there are procedures in place so that the lethal chemicals will not be “compounded’’ until a warrant is issued. There is a 90-day limit in which the compounds remain viable.

The department will comply with federal regulations to acquire the pentobarbital necessary for executions, Thornell said.

That is not an academic question.

In 2015 Arizona ordered 1,000 vials of sodium thiopental, a muscle relaxant used in the execution process, from a supplier in India. That came after a domestic manufacturer refused to sell it for executions.

That decision came despite warning from the federal Food and Drug Administration that buying the drugs from India-based Harris Pharma would be illegal. It ended up with U.S. Customs and Border Protection seizing the drugs at Sky Harbor International Airport in Phoenix.

Mayes said the delay in awaiting for the Duncan report — the one that now won’t happen — hasn’t been a waste. She said that, if nothing else, it gave Thornell time to complete his own review, including corrections’ officials visiting other states where executions have been ongoing, to see how they do it.

One other change Thornell is implementing is “more humane/therapeutic restraints’’’ on the execution table, calling what had been used before “improper.’’

Thornell’s report goes beyond the actual administration of the death sentence.

For example, the protocol was to place inmates on a 35-day “death watch,’’ moving them to an isolation cell.

“This period of time is unnecessarily long, isolating, and also unnecessarily staff intensive and burdensome,’’ he wrote, and he has changed it to seven days.

“This allows the inmates to remain around other inmates and staff in the time leading up to an execution,’’ Thornell said.

The agency has also agreed to allow for an inmate’s last meal to be closer to the time of the actual execution and allow the person to continue to have certain personal items.

Sparring prosecutors


The decision by Mayes to restart the execution process likely short-circuits a case now before the Arizona Supreme Court about who has the right to seek a warrant to put an inmate to death.

When Mayes paused executions last year, Republican Maricopa County Attorney Rachel Mitchell asked the justices to rule that she has as much authority as the attorney general to seek the necessary warrant.

She points to the Victims’ Bill of Rights, a set of statutory and constitutional provisions, including “a prompt and final conclusion of the case after the conviction and sentencing.’’

Mitchell said the surviving victims in the Gunches case — Karen Price, who was Ted Price’s sister, and Brittney Kay, his daughter — have asserted their rights and asked her to help enforce them, something state law legally requires her to do. Mitchell told the court that gives her “not only the authority but the duty to do so.’’

Mayes does not dispute the authority of any county attorney to prosecute murder cases and seek the death penalty.

She contends, however, the Legislature designated the attorney general the “chief legal officer’’ of the state. She said that includes the “sole responsibility to prosecute and defend in the Supreme Court all proceedings in which this state or an officer of the state is a party.’’

None of this, including the study and the decision to restart executions, deals with a separate underlying question of whether the death penalty is fairly administered in Arizona.

That issue was raised by Pima County Attorney Laura Conover, a Democrat, when Hobbs first announced the study.

Conover, who said she will never seek the death penalty, said there is clear data that race and class play “an absolutely unacceptable role’’ in how it’s been applied.‘’

Mayes said that’s a different question. She has no problem, she said, in resuming executions for those now on death row who have exhausted their appeals.

“There are 25 families out there who have an expectation that the killer of their loved ones will be executed,’’ Mayes said.

Still, she said, there is at least one question that needs to be answered going forward: Whether the odds of facing a death penalty depend on where the crime was committed.

Statistics show about 60% of Arizonans live in Maricopa County, versus close to 73% of death row inmates sentenced from courts there. Mayes said the counties that have more resources for what can be an expensive procedure, both for prosecutors and often county-paid public defenders, are more likely to pursue the death penalty.

“And that’s something I think the Legislature needs to address,’’ the attorney general said. 

Source: tucson.com, Howard Fischer, November 26, 2024

_____________________________________________________________________








"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)

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.

US Department of Justice announces decision to resume federal executions

The Department of Justice (DOJ) announced on Friday that it will resume the federal use of capital punishment and that it is seeking death sentences against 44 defendants. DOJ also said that it will use firing squads, electrocution, or nitrogen asphyxiation if the drug used in lethal injection is unavailable. The announcement follows the Restoring and Strengthening the Federal Death Penalty report, published on April 24. The report is especially critical of the moratorium on federal executions, ordered by Attorney General Merrick Garland in July 2021, to remain until the death penalty could be conducted “fairly and humanely.” Garland was concerned about the federal lethal injection protocol, which uses only one drug, pentobarbital, and the possibility that it causes “unnecessary pain and suffering.” In response to Garland’s moratorium and concerns, President Biden commuted the sentences of 37 prisoners on federal death row, leaving only three prisoners.

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.

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...

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Tennessee | Man set to be executed files motion claiming DNA evidence will exonerate him

MEMPHIS, Tenn. — Attorneys for death row inmate Tony Carruthers filed a motion in Shelby County Criminal Court seeking immediate DNA testing on evidence they claim will prove his innocence in a 1994 triple murder.  Carruthers is scheduled for execution on May 12. He was convicted and sentenced to death for the kidnapping and murders of 24-year-old Marcellos Anderson, 17-year-old Delois Anderson, and 21-year-old Frederick Scarborough. Prosecutors at trial alleged the victims were buried alive in a Memphis cemetery as part of a drug-related robbery.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

Florida | Man avoids death penalty in Daytona Beach triple murder

Jerome Anderson shot and killed Antoine Melvin, 42, John Burch, 65, and Patrick Lassiter, 35, in 2023. A man pleaded no contest to a triple-murder in Daytona Beach and was sentenced April 20 to three consecutive life terms in prison as part of a plea deal in which he avoided a possible death sentence. Jerome Anderson, 41, was indicted on three counts of first-degree murder and possession of a firearm by a convicted felon in the 2023 triple-slaying. Anderson pleaded no contest to the three first-degree murder charges April 20 and, in exchange, Assistant State Attorney Andrew Urbanak agreed not to continue to pursue the death penalty.