execution
Arizona To Resume Executions After A Two-Year Halt

December 1, 2024

By Matthew Holloway |

Attorney General Kris Mayes has said that the State of Arizona is prepared to act upon its first execution warrant after fellow Democrat Gov. Katie Hobbs dismissed a retired federal magistrate she appointed to review the state’s execution process in 2023.

Former Magistrate David Duncan reportedly never finished his work before his dismissal according to the Arizona Daily Star. Despite his authorization to charge $175 per hour up to $100,000 to conduct a full review of Arizona’s fraught execution process, Duncan was notified in a letter obtained by Capitol Media Services that Hobbs no longer has confidence in him.

According to the Daily Star, Hobbs said in the letter that Duncan’s review has strayed beyond his mandate, which was explicitly to review the protocols and procedures used by the AZ Department of Corrections, Rehabilitation and Reentry (ADCRR) to judicially mete out death.

Gov. Hobbs observed in one report that Duncan suggested the ADCRR should weigh the implementation of the firing squad, explaining that it “does overcome the impediments to lethal injection from unavailability of material and skilled personnel.” Though firing squad is not currently available under Arizona law, it is far from unprecedented with Idaho, Mississippi, Oklahoma, South Carolina, and Utah still offering the option as of 2024. Duncan’s inquest was terminated and he stands to be paid just $36,000.

Hobbs noted further that Ryan Thornell, whom she tapped for director of the corrections department, also completed his own review of the execution protocols and, per Capitol Media Services, made a series of recommendations including revised training standards and enhanced documentation.

Thornell told reporters that the greatest issues facing the department have been staff who’ve proven unable to place an intravenous line into the condemned to deliver the lethal injection, leading to “executions lasting longer than expected.” He further noted that some executions have depended on a procedure that was “extensive and intrusive.”

He reported that a medical team has been sourced, which includes a trained phlebotomist “providing a level of expertise to the team related to IV placement procedures.’’ He added that decision making in executions has been “inconsistent” and said, “I will not make decisions without the advice of the trained and qualified medical/IV team.”

Hobbs claimed, “With these changes in place, ADCRR is prepared to conduct an execution that complies with the legal requirements if an execution warrant is issued.”

Capitol Media Services reported via X that the first execution warrant should be sought by AG Mayes within two weeks.

That warrant will be sought to execute Aaron Gunches, a man who pleaded guilty to the first-degree murder and kidnapping of his girlfriend’s ex-husband Ted Price in 2002. In 2022, after nearly two decades on death row, Gunches waived his right to post-conviction appeal and motioned for his own execution, a motion he later withdrew in 2023 upon Hobbs taking office. The Arizona Supreme Court has refused to reconsider the motion, however, the warrant expired before it could be acted upon. Mayes must now seek a new death warrant.

“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,’’ the Attorney General 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.’’ AG Mayes told reporters that there are some 111 inmates currently housed on death row in Arizona, awaiting execution and among them 25 have exhausted all possible appeals.

“There are 25 families out there who have an expectation that the killer of their loved ones will be executed,’’ Mayes told Capitol Media. She also added that the disparity between counties that can afford to implement the expensive procedures of the death penalty as opposed to those that cannot as easily is “something I think the Legislature needs to address.’’ 

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

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