Arizona’s Upcoming Execution Sparks Controversy

Arizona is preparing to conduct its first execution in two years, scheduled for March 19. This event follows an order from the Arizona Supreme Court stating that Attorney General Kris Mayes and inmate Aaron Gunches did not present legal issues that would hinder the execution.

Legal briefs from outside parties raised concerns regarding the use of pentobarbital, the drug intended for the execution. Critics argue that its application could lead to a prolonged and painful death, likening the experience to drowning due to fluid accumulation in the lungs.

Despite these arguments, Chief Justice Ann Scott Timmer clarified that neither Mayes nor Gunches addressed these legal issues, leaving the court no option but to proceed with the execution warrant’s issuance. Timmer emphasized that even if the concerns had been acknowledged, they wouldn’t alter the court’s obligation to act.

Previously, the state executed three inmates via lethal injection in 2022. Reports indicated that complications arose during some procedures, with issues related to intravenous line placements causing suffering and visible distress among inmates.

In early 2023, Governor Katie Hobbs appointed retired federal magistrate David Duncan as a special commissioner to evaluate the execution process in Arizona, following a series of controversial executions. The governor had noted that these procedures had resulted in significant public concern due to their nature.

During this evaluation process, Mayes paused the execution warrants, indicating a desire to await the findings of this review. However, a conclusive report from Duncan was never produced. He was later dismissed after suggesting in a preliminary report that humane executions may not be achievable with current methods, proposing instead the firing squad as an alternative.

Governor Hobbs expressed confidence in the new leadership of Ryan Thornell, who is now overseeing the prison system. She believes that necessary improvements have been implemented to resume executions without past issues.

Gunches, convicted of first-degree murder and kidnapping in the 2002 death of his girlfriend’s ex-husband, Ted Price, has actively sought his execution. After waiving his right to a post-conviction review, he filed a motion for a warrant in November 2022, which was supported by then-Attorney General Mark Brnovich.

However, the warrant expired before execution proceedings could take place, as Mayes had halted the process during the ongoing investigation. Gunches is among 111 inmates currently on death row, with 25 having exhausted or waived their right to appeal.