Arizona | Death Row Inmate Challenges Execution Warrant, Citing 2025 Cyberattack and Protocol Failures

Leroy Dean McGill was sentenced to death for a 2002 gasoline attack in North Phoenix against a couple, Charles Perez and Nova Banta.

PHOENIX — Attorneys for Arizona death row inmate Leroy Dean McGill have formally challenged the state’s attempt to secure an execution warrant, citing a catastrophic 2025 cyberattack and a long history of troubled lethal injection protocols.

The challenge comes as Arizona seeks to resume capital punishment following a year-long hiatus. If the Arizona Supreme Court grants the state’s request, McGill would become the first person executed in the state since 2024.

Attorney General Kris Mayes filed a motion earlier this month requesting a briefing schedule for a warrant of execution. Under the proposed timeline, McGill could face a tentative execution date as early as May 20, 2026.

The Crime

McGill, 58, was convicted for a 2002 attack in North Phoenix against Charles Perez and Nova Banta. Prosecutors said McGill doused the couple with a gasoline-and-soap mixture before setting them on fire. Perez died from his injuries; Banta survived with permanent, life-altering scarring.

The attack was rooted in a personal vendetta involving a stolen shotgun and a series of grievances that spiraled into extreme violence. According to court records, the victims accused McGill and his girlfriend of stealing a shotgun from a mutual friend’s apartment. The accusation led to McGill’s eviction, effectively leaving him homeless.

Enraged by the loss of his housing, McGill sought retribution. On the night of the attack, McGill warned a neighbor to remove his family from the duplex because he intended to "teach Perez and Yates a lesson."

Trial testimony revealed a high level of premeditation designed to inflict maximum pain. McGill mixed gasoline with Styrofoam to create a thickened, napalm-like gel. The substance was designed to stick to the victims' skin and burn at a higher temperature, making the flames nearly impossible to extinguish.

McGill has spent more than 20 years on death row. His appeals have focused on a traumatic childhood, mental health issues, and an "ex post facto" claim regarding the application of Arizona’s death penalty statutes.

Massive Cyberattack

In a response filed with the state’s high court, the Arizona Federal Public Defender’s Office argued that moving forward with an execution date now would violate McGill’s due process rights.

The defense highlighted a spring 2025 cyberattack that crippled the office’s internal servers. Attorneys claim the breach resulted in the loss or corruption of decades of case files, medical records, and investigative notes essential for preparing a clemency petition.

"To proceed with an execution when the defense is literally rebuilding the record of a 20-year-old case is a move toward a procedural failure, not justice," defense experts noted in the filing.

Lingering Protocol Concerns

The challenge also leans heavily on Arizona's history with lethal injection. McGill’s team has raised questions about the state's ability to carry out executions humanely, pointing to a legacy of "botched" procedures and questionable drug procurement.

The state has faced repeated scrutiny for its methods. In 2011 and 2015, Arizona attempted to illegally import sodium thiopental from a non-FDA-approved supplier in Great Britain and a middleman in India. Those shipments were seized by the DEA and federal customs agents.

Records show the state has spent as much as $1.5 million on a single batch of pentobarbital, often sourced from undisclosed compounding pharmacies. In several instances, these high-priced drugs expired before they could be used due to legal stays.

The defense also cited the 2014 execution of Joseph Wood, who gasped for nearly two hours after being injected 15 times, and 2022 cases where execution teams struggled for up to an hour to find suitable veins in inmates Clarence Dixon and Frank Atwood.

The Road Ahead

The legal battle is moving on a compressed timeline.

Following McGill’s formal response on March 20, the state issued a reply on March 24, maintaining that McGill has exhausted his standard appeals and that the victims’ families have waited over two decades for justice.

The Arizona Supreme Court is scheduled to hold a conference on the matter March 26, 2026. If the court rules in favor of the state, a warrant will be issued immediately, triggering a 35-day countdown to the execution.

Source: DPN, News outlets, Staff, AI, March 25, 2026

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

— Oscar Wilde

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