Arizona set to resume executions after two-year pause, reigniting death penalty debate

ARIZONA — After a two-year hiatus, Arizona is preparing to resume executions of death row inmates, a decision that has rekindled the longstanding debate over capital punishment in the state. Attorney General Kris Mayes announced plans to seek an execution warrant for Aaron Brian Gunches, convicted of the 2002 murder of Ted Price, his girlfriend’s ex-husband.
The pause on executions began in early 2023 when Governor Katie Hobbs ordered a comprehensive review of Arizona’s death penalty procedures. The review aimed to address concerns about the state’s execution protocols, including issues with lethal injection drugs, the qualifications of execution personnel, and previous instances of problematic executions. Notably, in 2014, the execution of Joseph Wood drew national attention when it took nearly two hours and required 15 doses of a two-drug combination, leading to claims of a botched procedure.
Governor Hobbs initially appointed retired U.S. Magistrate Judge David Duncan to conduct an independent review. However, the process faced challenges and was ultimately halted when Hobbs dismissed Duncan, citing a lack of confidence in his ability to fulfill the objectives of the executive order. Instead, the Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) conducted its own review, resulting in significant revisions to execution policies and procedures.
Attorney General Mayes expressed confidence in the updated procedures. ”We have worked with ADCRR throughout its process to carefully review and improve the state’s death penalty procedures, and I am confident that executions can now proceed in compliance with state and federal law,” Mayes said in a statement sent to the Associated Press.
Mayes plans to request an execution warrant for Gunches from the Arizona Supreme Court in the coming weeks. ”Back in May, I indicated that executions would resume by early 2025. In accordance with that timeline, I plan to move forward and request an execution warrant… for Aaron Brian Gunches, who was sentenced to death for the murder of Ted Price,” she stated.
Christian Slater, the governor’s spokesman, said, ”The Governor remains committed to upholding the law while ensuring justice is carried out in a way that’s transparent and humane.” He added, ”Corrections officials conducted a thorough review of policies and procedures and made critical improvements to help ensure executions carried out by the state meet legal and constitutional standards.”
Aaron Gunches was convicted of first-degree murder and kidnapping for the killing of Ted Price near Mesa, Arizona. In 2002, Gunches abducted Price, drove him to a remote desert area, and fatally shot him. Gunches pleaded guilty to the charges and was initially sentenced to death in 2008. After an appeal due to a procedural error, he was resentenced to death in 2013.
In November 2022, Gunches filed a request for his own execution warrant but later withdrew it upon learning of Attorney General Mayes’ intentions to pause executions for a procedural review. With the review now concluded, the path is clear for the state to proceed.
Mayes said she has communicated with the victim’s family. ”Earlier today, I spoke with Ted Price’s family and expressed my deepest condolences for the unimaginable pain they have endured since his murder. I remain committed to seeking justice for the victims of violent crime and their loved ones,” she stated.
The decision to resume executions has drawn criticism from death penalty opponents, who argue that systemic flaws remain unaddressed. Organizations such as Death Penalty Alternatives for Arizona have voiced their concerns. In a statement released following the announcement, the group said, ”More than two years ago, the governor promised a thorough review of the state’s deeply flawed death penalty process, acknowledging its systemic issues. Instead, she has walked back on that commitment, ignoring unresolved concerns about botched executions and the lack of proper oversight within the system.”
Pima County Attorney Laura Conover, who has publicly opposed the death penalty, expressed her reservations. ”We stopped tinkering with the machinery of death: a failed system proven to be racially biased, subjective, and dangerous, as our wrongful conviction team knows all too well,” Conover said in a statement. ”Arizona can be so much smarter in its use of precious resources and shut down death row for good.”
Conover highlighted the cost savings and resolution achieved by pursuing life sentences without parole instead of the death penalty. ”We have saved an absolute fortune in taxpayer money in litigation, staffing, experts, testing, court, and security costs for our own agency, the jail, the courts, and the prisons,” she noted. ”And most importantly, we have won convictions and then won our sentencing request for life in prison with no chance for parole, which is in fact a death sentence: a sentence to die in prison.”
Proponents of the death penalty argue that resuming executions is a necessary step toward justice for victims and their families. They contend that capital punishment serves as a deterrent to heinous crimes and provides closure to those affected.
Maricopa County Attorney Rachel Mitchell has emphasized the importance of enforcing lawful sentences. While not quoted directly in the provided materials, it is noted that her office has been advocating for the resumption of executions, particularly in cases where all appeals have been exhausted.
The ADCRR’s revised protocols aim to address past issues with the execution process. The department has made significant changes, including improved training for execution personnel, better procedures for obtaining and handling lethal injection drugs, and measures to increase transparency during executions.
ADCRR Director Ryan Thornell was credited by Attorney General Mayes for his efforts. ”I am grateful to ADCRR Director Thornell for his leadership and the work he has done to increase transparency around the state’s death penalty procedures,” Mayes said.
However, the details of the revised protocols have not been fully disclosed, leading some advocacy groups to question whether the changes are sufficient to prevent future problems.
Arizona’s history with the death penalty has been fraught with controversy. Prior to the 2022 pause, the state faced legal challenges due to difficulties in obtaining execution drugs and concerns over execution methods. In response to these issues, Governor Hobbs ordered the initial review to ensure that executions could be carried out without violating constitutional protections against cruel and unusual punishment. The dismissal of Judge Duncan, who was initially appointed to lead the review, has been a point of contention.
Duncan himself expressed shock at his dismissal. ”To me, it was nothing I have seen in my nearly 40-year legal career, and certainly nothing I saw in the worst behavior of lawyers before me when I was a judge for 17 years, so I was very disappointed,” he said in an interview with FOX 10 Phoenix.
The resumption of executions in Arizona reflects a broader national debate over the death penalty. While some states have moved to abolish capital punishment or impose moratoriums, others continue to carry out executions.
Opponents argue that the death penalty is inherently flawed due to the risk of wrongful convictions, high costs associated with capital cases, and ethical considerations. They point to studies suggesting that the death penalty does not effectively deter crime more than life imprisonment without parole and highlight disparities in how it is applied, particularly concerning race and economic status.
Supporters maintain that the death penalty is a just response to the most heinous crimes and that it provides a necessary tool for prosecutors. They argue that with proper protocols and oversight, executions can be carried out humanely and in accordance with legal standards.
As Arizona prepares to carry out its first execution in two years, the state stands at a pivotal moment. The forthcoming execution of Aaron Gunches will be closely watched by both supporters and opponents of the death penalty.
Attorney General Mayes emphasized her commitment to proceeding carefully. ”We have worked with ADCRR throughout its process to carefully review and improve the state’s death penalty procedures,” she said. ”I am confident that executions can now proceed in compliance with state and federal law.”
However, advocacy groups remain skeptical. ”Implementing procedural changes does not address the fundamental flaws of the death penalty,” Death Penalty Alternatives for Arizona stated. ”As long as the system is prone to errors and biases, the risk of executing an innocent person remains unacceptably high.”
—Jeremy Webb