Was Aaron Gunches’ Execution a Form of State-Sanctioned Suicide?

In a heartbreaking turn of events, Aaron Gunches made his unofficial last remarks while awaiting execution: “What’s the hold up?” This sentiment, echoed in a letter to the attorney general years prior after he waived his appeals, indicates a troubling case of a man determined to expedite his own death.

A self-proclaimed volunteer for execution, Gunches’s fate likens to what some advocates are now labeling as “state-assisted suicide.” Although courts have deemed death row inmates competent to expedite their own executions, critics argue this legal threshold lacks depth, particularly regarding the inmate’s background and state of mind.

Gunches is among over 165 death row inmates since 1972 who have sought their own executions. An October 2024 analysis from the Death Penalty Information Center reveals that the rate of inmates pursuing their own deaths stands alarmingly high at 137 per 100,000, significantly surpassing the general public’s suicide rate of 14.2 per 100,000.

According to the Death Penalty Information Center, a “volunteer” is defined as a prisoner who takes steps to hasten their execution, such as waiving appeals or asking for a specific execution date. Krisanne Vaillancourt Murphy, executive director of Catholic Mobilizing Network, emphasizes the need for clarity in language. She believes “state-assisted suicide” offers a more accurate description of the reality faced by inmates like Gunches, who, deprived of hope, expedite their own deaths.

Throughout his legal journey, Gunches waived representation during his trial and subsequent appeals, with the state affirming his competency to do so. Notably, he provided no mitigating evidence regarding any potential mental illness or trauma during his trial, as highlighted in an Arizona Supreme Court opinion questioning his motives.

Jeffrey Kirchmeier, a criminal law professor and death penalty researcher, points out the lack of insight into Gunches’s history, which might shed light on his path towards choosing death. “Not excusing anything he did, but it would help explain it,” he remarked, stressing the absence of a detailed assessment of Gunches’s background.

In November 2022, Gunches filed a motion for execution. Although former Attorney General Mark Brnovich initially supported his request, incoming Attorney General Kris Mayes halted capital punishment alongside Governor Katie Hobbs, leading to legal complexities regarding execution warrants.

Notably, Gunches’s case starkly contrasts with that of Robert Comer, another inmate who, despite his complicated mental health situation, engaged in a protracted legal battle to have his sentence carried out. The Ninth Circuit initially rejected his request, citing concerns over his mental state. Eventually, Judge Rosyln Silver framed Comer’s choice as a matter of liberty, underscoring the contentious nature of competency in capital cases.

With experts affirming Gunches’s competency when he waived his appeals, Kirchmeier contends that the underlying decision lacked a thorough review. “This is just the state helping someone commit suicide,” he asserted, underscoring the ethical dilemmas surrounding capital punishment and inmate agency.