On
this date, June 18, 2010, Ronnie Lee Gardner was the third Death Row Inmate to
die from firing squad in Utah. He was also the seventh person to be executed in
the State of Utah since 1976. I will post the information from Wikipedia and
some other links.
Capital offenses
- Aggravated murder
- The murder was especially heinous, atrocious, cruel or depraved (or involved torture).
- The murder was committed incident to a hijacking
- The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense.
- The defendant committed or attempted to commit more than one murder at the same time.
- The murder was committed by means of poison or a lethal substance.
- The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value.
- The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value.
- The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime.
- The capital offense was committed to interfere with the lawful exercise of any government function or the enforcement of the laws.
- The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony.
- The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment. The actor was under a sentence of life imprisonment or a sentence of death at the time of the homicide.
- The victim is or has been a local, state, or federal public official, or a candidate for public office, and the homicide is based on, is caused by, or is related to that official position, act, capacity, or candidacy.
- The murder was committed against a person held as a shield, as a hostage, or for ransom
- The murder was committed against a witness in a criminal proceeding to prevent the witness from appearing, or for revenge.
- The homicide was committed while the actor was engaged in, or attempted to, or flight from committed or attempted child abuse.
- The defendant was involved in the desecration of a dead human body or dismembering, mutilation, or disfiguring of the victim's body, either before or after death, in a manner demonstrating the actor’s depravity of mind. The homicide was committed incident to the abuse or desecration of a dead body.
- The murder was committed by means of any weapon of mass destruction.
Ronnie Lee Gardner (January 16, 1961 – June 18, 2010) was an American
criminal who received the death penalty for murder in 1985, and was executed by
firing squad by the state of Utah in 2010. Gardner's case spent nearly
25 years in the court system, prompting the Utah House of Representatives
to introduce legislation to limit the number of appeals in capital cases.
In
October 1984, Gardner killed Melvyn John Otterstrom during a robbery in Salt
Lake City. While being transported in April 1985 to a court hearing for the
homicide, he fatally shot attorney Michael Burdell in an unsuccessful escape
attempt. Convicted of two counts of murder, Gardner was sentenced to life
imprisonment for the first count and received the death penalty for the second.
The state adopted more stringent security measures as a result of the incident
at the courthouse. While held at Utah State Prison, Gardner was charged with
another capital crime for stabbing an inmate in 1994. However, that charge was
overturned by the Utah Supreme Court because the victim survived.
In
a series of appeals, defense attorneys presented mitigating evidence of the
troubled upbringing of Gardner, who had spent nearly his entire adult life in
incarceration. His request for commutation of his death sentence was denied in
2010 after the families of his victims testified against him. Gardner's legal
team took the case all the way to the U.S. Supreme Court, which declined to
intervene.
The
execution of Gardner at Utah State Prison became the focus of media attention
in June 2010, because it was the first to be carried out by firing squad in the
United States in 14 years. Gardner stated that he sought this method of
execution because of his Mormon background. On the day before his execution, The
Church of Jesus Christ of Latter-day Saints released a statement clarifying its
position on the issue of blood atonement of individuals. The case also
attracted debate over capital punishment and whether Gardner had been destined
for a life of violence since his difficult childhood.
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Photo by the Utah Department of Corrections
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Born
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January 16,
1961
Salt Lake City, Utah, USA |
Died
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June 18,
2010 (aged 49)
Draper, Utah, USA |
Conviction(s)
|
Robbery –
February 1980
Burglary, escape – 1981 Murder – June 1985 Capital murder – October 22, 1985 |
Penalty
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Life in
prison without parole
Execution by firing squad |
Conviction
status
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Executed on
June 18, 2010
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Spouse
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Debra
Bischoff
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Parents
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Dan Gardner
Ruth Gardner Lucas |
Children
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Two
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Life
Ronnie
Lee Gardner was born in Salt Lake City, Utah and was the youngest of Dan and
Ruth Gardner's seven children. Dan was a heavy drinker who left the household
to start another family while Ronnie was a toddler; Dan and Ruth divorced when
Ronnie was 18 months old. Six months later, Ronnie was found malnourished
and wandering the streets alone in a diaper. Child welfare workers filed a
"failure to care" petition and took him into custody, but later
returned him to his mother. Gardner's relationship with his father was
tumultuous; Dan did not believe he was Gardner's biological father and
frequently told his son of his belief. According to Gardner, he was raised by
an older sister, and was sexually abused by his siblings. Sometimes he and his
sister Bonnie would run away and seek refuge in a "hobo camp." By the
age of 10, Gardner was addicted to drugs and permitted access to alcohol. He
and his brother Randy were arrested for stealing cowboy boots and taken into juvenile
detention. Gardner recalled with distress that his father Dan came to take his
brother Randy home and left him behind.
Early
institutionalization
Gardner's
mother married Bill Lucas, who had been incarcerated in Wyoming in 1968. The
Gardner-Lucas family eventually had nine children. Gardner admired Lucas, who
used his stepsons as lookouts while burgling homes. By his early teens, Gardner
had been held in detention at a series of institutions, including an involuntary
commitment at Utah State Hospital in Provo. Gardner was small as a boy, and
described that he had to fight to defend himself and earn respect. In Gardner's
own words, "I was a nasty little bugger."
While
held at Utah State Industrial School in Ogden, Gardner was visited by Jack
Statt, a man who was living with his brother Randy. According to Gardner, Statt
met Randy at a bus stop and paid him $25 for oral sex. When released from the
school in 1975, Gardner stayed with Statt. Although social workers noted that
the men in the household were dressed like women, Statt officially became a foster
parent to Gardner and his brother. Gardner said that Statt performed sex acts
on them and explained, "I thought life like that was normal." Gardner
stated in a psychological evaluation that he worked as a prostitute while living
with Statt, who was profiled by the psychologists as a pedophile. Gardner said
his time in foster care was the most stable period of his life, stating,
"Jack was a good man, and he tried to help us out."
While
Gardner intermittently continued to go to the industrial school, he met Debra
Bischoff at a Salt Lake City apartment complex where his mother lived. Bischoff
described him as: "Very caring. He never put me in the rough situations he
was in throughout his life. He sheltered me from that stuff." Gardner had
a daughter in May 1977 and a son in February 1980 with Bischoff, but was
convicted of robbery and sent to Utah State Prison in the same month his son
was born. Gardner successfully escaped the prison's maximum security unit on
April 19, 1981, and was shot in the neck while attempting to kill a man who he
believed had raped Bischoff. In February 1983, he was identified as a
ringleader in a disturbance in which inmates barricaded a cell block and
started fires.
On
August 6, 1984, Gardner escaped from custody at the University of Utah Hospital
after faking an illness by vomiting. He attacked transportation officer Don
Leavitt and forced him to unlock his shackles by telling him: "I guess you
know if that doctor comes back, I'll have to kill you both." In the course
of the escape, Gardner struck Leavitt so hard that he needed wires to
reconstruct his face. Gardner forced a medical student named Mike Lynch to take
him from the premises on a motorcycle while pointing a gun into his back. On
August 11, a letter carrier found Leavitt's firearm in a mailbox with a note
from Gardner that said, "Here’s the gun and wallet taken from the guard at
the hospital. I don’t want to hurt no one else. I just want to be free."
Murders
During
the night of October 9, 1984, Gardner robbed the Cheers Tavern in Salt Lake
City. While under the influence of cocaine, he shot bartender Melvyn John
Otterstrom in the face, killing him. Otterstrom's cousin Craig Watson stated
that the robbery "gained less than $100." Family members said Gardner
attended Otterstrom's funeral and pretended to be a childhood friend. Following
a tip, police apprehended Gardner three weeks later at the home of his cousin.
Gardner said that the shooting occurred because Otterstrom put up a fight, but
investigators did not find any evidence to support this claim. Gardner was held
in custody in lieu of $1.5 million bail. His getaway driver was identified
as Darcy Perry McCoy, who testified against him in court.
During
trial proceedings for the Otterstrom murder on April 2, 1985, Gardner attempted
to escape from custody with a revolver that had been smuggled into the Metropolitan
Hall of Justice at Salt Lake City. Jim Kleine of the Salt Lake City Fire
Department believed that the gun was passed to Gardner as he was being escorted
into the courthouse from the underground parking lot. Gardner was immediately
shot in the chest by guard Luther Hensley. Gardner then wounded unarmed bailiff
George "Nick" Kirk in the abdomen, who died 11 years later as a
result of his injuries. After running to the courtroom archives, Gardner
confronted attorneys Robert Macri and Michael Burdell. According to Macri,
Gardner initially pointed the gun at him and changed aim to Burdell, who had
been doing pro bono work for his church. Burdell yelled, "Oh, my
God," when Gardner shot him in the eye. Gardner made his way outside the
building, where he was surrounded by dozens of police officers. Gardner threw
the gun away, dropped and yelled: "Don’t shoot, I don’t have a gun."
Gardner
was taken to the University of Utah Health Services Center where he was listed
in serious condition, but recovered. Burdell died about 45 minutes later while
in surgery at Holy Cross Hospital. Kirk survived surgery and was listed in critical
condition at LDS Hospital. During a search of the courthouse, a bag of men's
clothing was found in the basement under a women's restroom sink. Prosecutor
Bob Stott believed Gardner's gun had been taped to a water fountain on the
first floor. Darcy Perry McCoy was found unarmed and was arrested about a mile
away. Her sister, Carma Jolley Hainsworth, was sentenced to eight years in
prison for delivering the clothes and messages in preparation for the escape
attempt, but the identity of the person who provided Gardner with the firearm
was not known at the time. State corrections director William Vickrey cleared
the actions of the prison guards who escorted Gardner, but Salt Lake County
Sheriff N.D. "Pete" Hayward said that the guard who shot Gardner
should have kept shooting until Gardner was dead. A review found that the
guards were inhibited from shooting because Gardner had been using a hostage as
a human shield. Sheriff Hayward said the escape attempt "appeared to be
well-planned" and blamed the security breach on the layout of the
Metropolitan Hall of Justice, which allowed uninhibited access to areas where
prisoners were transported.
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Gardner spent most of his adult life at Utah
State Prison in Draper.
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Sentencing
and incarceration
Gardner
was diagnosed with antisocial personality disorder. In June 1985, Gardner pled
guilty to the murder of Otterstrom and received a sentence of life imprisonment
without the possibility of parole. At one point, Gardner threatened to disrupt
subsequent court hearings because he was upset over being required to wear a
leg brace that would lock if he attempted to escape again. He was advised by
guards that it would be to his benefit to behave in front of prospective jurors.
District Judge Jay E. Banks instructed the jury on October 22, 1985, that they
had the option of a verdict for the lesser offense of manslaughter if they
found Gardner to be under mental or emotional duress when he shot Burdell. The
jurors deliberated less than three hours and found Gardner guilty of capital
murder. Ultimately sentenced to death, Gardner selected execution by firing
squad over lethal injection. Legislators in Utah had eliminated the firing
squad as a method of execution in 2004, but convicts who were sentenced before
that date, such as Gardner, could still select that option. Since 1976, only
two other people have been executed by firing squad in the United States, both
in Utah: Gary Gilmore and John Albert Taylor. In contrast to Taylor, who said
he chose the firing squad to embarrass the state, Gardner's attorney said that
his client did not want to attract attention and simply preferred to die this
way.
I'd prefer to die of old age, your honor, but if that ain't possible, I'll take the firing squad.—Ronnie Lee Gardner, 1985
Gardner's
incarceration as Utah's then-youngest inmate on death row was not uneventful. A
hearing was held on February 19, 1987, in which Gardner and other inmates
claimed "unconstitutional confinement" in unsanitary conditions with
poor food. On October 28, 1987, Gardner broke a glass partition in a prison
visiting area and had sex with a woman who was meeting him, while other inmates
cheered and barricaded the doors. According to state prison spokesperson Juan
Benavidez, though Gardner had "knocked out the lights", an officer
who was in the control room "could still see what was going on."
Gardner claimed that it was an accident. In 1993, Utah state representative Dan
Tuttle introduced what he called "the Ronnie Lee Gardner bill" in
which he proposed that law enforcement officers be permitted to shoot inmates
attempting to escape, whether they are "armed or not."
On
September 25, 1994, Gardner got drunk from consuming alcohol, which he
fermented in his own prison cell sink, and stabbed inmate Richard
"Fats" Thomas with a shiv fashioned from a pair of sunglasses. Thomas
suffered nine puncture wounds to his face, mouth, arm and chest that were
life-threatening, but made a full recovery. Though Thomas had survived the
stabbing, Gardner was charged with another capital crime under a 1974 Utah law
reserved for prison attacks by first-degree felony inmates. There was no
precedent in the United States for a death penalty that was carried out for
such a crime. The constitutionality of the law was challenged, with defense
lawyers calling it "stale and anachronistic," and the charge against
Gardner was thrown out by the Utah Supreme Court because the victim did not die.
In
February 1996, Gardner threatened to sue to force the state of Utah to execute
him by firing squad. He had told a judge in a 1991 hearing that he was
motivated by his children to seek lethal injection, but later changed his mind
as they became older. He said that he preferred the firing squad because of his
"Mormon heritage." Gardner also felt that lawmakers were trying to
eliminate the firing squad, in opposition to popular opinion in Utah, because
of concern over the state's image in the upcoming 2002 Winter Olympics.
I like the firing squad. It's so much easier... and there's no mistakes.—Ronnie Lee Gardner, 1996
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Gardner's escape attempt influenced the
security measures adopted by Salt Lake City's new Matheson Courthouse.
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In 1998, the old Metropolitan Hall of Justice was vacated and replaced by the multimillion-dollar Scott M. Matheson Courthouse. Gardner's deadly escape attempt in 1985 was blamed on the open access and light security of the previous building and greatly influenced the tighter security measures adopted by Salt Lake City's new courthouse. Former prosecutor Kent Morgan stated, "Absolutely Gardner changed that." On March 3, 2001, the Metropolitan Hall of Justice was demolished.
Defense
motions
In
2007, U.S. federal judge Tena Campbell rejected Gardner's appeal that his
attorneys were inadequate because they were unable to prove that he did not
mean to kill his victim. The 10th U.S. Circuit Court of Appeals rejected
motions for appeal by his defense on March 8, 2010. Gardner attempted to give
up the process at least three times, but his attorneys convinced him to continue
appealing each time. State court Judge Robin Reese signed an execution warrant
on April 23 ordering the state to carry out the death sentence.
At
Gardner's commutation hearing on June 10, 2010, lawyers and medical experts in
his defense argued whether meningitis contracted at the age of 4 had damaged his
brain. Gardner had also huffed gas and glue with his siblings, and played with mercury
stolen from gas meters by his stepfather to sell. Three of the jurors that
sentenced Gardner to death signed an affidavit that they would have recommended
life without parole, an option that was not available in Utah until 1992.
Gardner claimed that he was a changed man who counseled other inmates and was
interested in starting an organic farm project for youths on 160 acres (65 ha)
in Box Elder County, Utah. Gardner's attorney presented a letter his client
wrote to Oprah Winfrey requesting funds for the project. Gardner also argued
that it was not justifiable to execute him after so much time had passed since
the crime.
I can do a lot of good. First of all, I'm a good example. There's no better example in this state of what not to do.—Ronnie Lee Gardner, 2010
Assistant
state attorney general Tom Brunker argued against clemency, stating: "Mr.
Gardner was sentenced to death and earned that death penalty because of his
unflagging history of violent crime." The family of the late George
"Nick" Kirk recounted how his being shot by Gardner affected their
lives and ultimately shortened Kirk's life. Kirk's daughter Barb Webb said,
"He's done a lot of horrific things in his past and I think, given the
chance, he would do them all again." Jason Otterstrom, whose father Melvyn
was murdered by Gardner, struggled to describe the impact upon his family.
After listening to the testimony from the families of the victims, the Utah
Board of Pardons and Parole declined Gardner's commutation request, stating
that the jury's verdict and sentence were "not inappropriate." The
board members cited his violent record during incarceration and questioned his
effort to reform as being "too little, too late." Gardner revealed at
the hearing that it was Darcy Perry McCoy who provided him the gun with which
he murdered Michael Burdell. Deputy Salt Lake County attorney Bob Stott said
that McCoy would not be prosecuted because Gardner, the only witness, was going
to be executed.
I feel really sorry for him; I do feel sorry. But he made that choice.—Tami Stewart, Daughter of shooting victim George "Nick" Kirk
The
Utah Supreme Court upheld lower court rulings on June 14, 2010, exhausting
Gardner's appeals within the state. The U.S. Supreme Court turned down final
appeals on June 17, though a court order indicated that dissenting Justices Stephn
Breyer and John Paul Stevens would have granted a stay of execution. Utah
governor Gary Herbert declined to intervene and said that Gardner had "a
full and fair opportunity" in court. State attorney general Mark Shurtleff
announced on Twitter that he signed off on the execution: "I just gave the
go ahead to Corrections Director to proceed with Gardner's execution."
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| On the night before Gardner's execution, a protest against capital punishment was held at the Utah State Capitol. |
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Protester at the Utah State Capitol holding a
sign against the execution by firing squad of Ronnie Lee Gardner.
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Death
penalty debate
Opponents
of capital punishment gathered at the Utah State Capitol to hold a rally during
the final appeals. The protest was attended by Gardner's family, and was
organized by Utahans for Alternatives to the Death Penalty. The protest also
included the support of Brian King of the Utah House of Representatives, who
pledged to urge the legislature to reconsider the use of the capital punishment.
The family of murder victim Michael Burdell had also appealed on Gardner's
behalf, stating that Burdell was a pacifist who would have opposed the death
penalty.
News
media arrived from around the world and raised the issue of blood atonement
because of Gardner's citation of his Mormon roots in selecting the firing squad.
Some followers of Mormonism are taught that murder is so heinous that the blood
of the offender must be spilled to pay for their sins. On the day before
Gardner's execution, The Church of Jesus Christ of Latter-day Saints released
the following statement:
In the mid-19th century, when rhetorical, emotional oratory was common, some church members and leaders used strong language that included notions of people making restitution for their sins by giving up their own lives. However, so-called "blood atonement," by which individuals would be required to shed their own blood to pay for their sins, is not a doctrine of The Church of Jesus Christ of Latter-day Saints. We believe in and teach the infinite and all-encompassing atonement of Jesus Christ, which makes forgiveness of sin and salvation possible for all people.
Other
denominations voiced their opposition to the use of capital punishment.
Reverend David Henry of the First Baptist Church of Salt Lake City said,
"Violence breeds violence... It doesn’t work. It's ineffective, and it's
brutalizing all of us." Cardinal Keith O'Brien of the Roman Catholic
Church later used Gardner's case to describe the "culture of
vengeance" in the United States.
According
to polls, support for capital punishment had been steadily declining since the
1990s, but the majority of people in Utah still supported the death penalty in
the period leading up to Gardner's scheduled execution. In 2010, Kay McIff of
the Utah House of Representatives sponsored legislation to require condemned
inmates to raise all appeal arguments in their first post-conviction petition,
noting that Gardner's multiple appeals kept his case lingering on death row for
nearly 25 years. The bill, HB202, passed the Utah House by a margin of
67-to-5 on February 1, 2011, and unanimously passed the Utah State Senate on
February 17. If the legislation is signed into law by the governor, subsequent
appeals would require the introduction of new evidence to first be submitted
before a judge to determine whether it would affect the case.
Execution
The
Utah Department of Corrections provided Gardner's attorney Andrew Parnes with
documentation about executions by firing squad and lethal injection. The
records included the Utah execution team's training and expertise. Parnes
relayed the information to Gardner after agreeing not to disclose it to anyone
else.
On
June 15, 2010, Gardner ate a last meal of steak, lobster tail, apple pie,
vanilla ice cream and 7-Up, before beginning a 48-hour fast while watching The
Lord of the Rings film trilogy and reading Divine Justice. According
to his lawyers, the fast was motivated by "spiritual reasons."
Gardner was visited by a Mormon bishop and his family before his execution.
Gardner walked voluntarily to his place of execution. When asked if he had any
last words, he responded, "I do not, no."
Gardner
was executed on June 18, 2010, at 12:15 am Mountain Daylight Time by a
firing squad at Utah State Prison in Draper. He was placed in restraints on a
black metal chair with a hood covering his head. Sandbags were arranged around
him to absorb ricochets. The firing squad was made up of five anonymous volunteers
who were certified police officers. The officers stood about 25 feet
(7.6 m) from Gardner, aiming at a white target positioned over his heart.
One of their .30-caliber Winchester rifles was selected at random and loaded
with a non-lethal wax bullet so that they would not know with certainty who
fired the fatal shots. According to the Utah Department of Corrections, the squad
used a countdown cadence beginning with five and simultaneously firing right
before two. A media witness observed that Gardner reacted to being shot by
briefly clenching and raising his fist. His dark blue jumpsuit made it
difficult to see the blood from his wounds. A medical examiner removed
Gardner's hood to reveal his lifeless face. After verifying Gardner's lack of
pulse at the neck and pupillary light reflex, the medical examiner pronounced
his death at 12:17 am. He was the first person to be executed by firing
squad in the United States since the execution of John Albert Taylor 14 years
earlier. A commemorative coin was commissioned for prison staff who
participated in the execution. Gardner's friends and family gathered outside
the prison at a candlelight vigil while playing "Free Bird" by Lynyrd
Skynyrd. They did not witness his execution, per his request. Some wore shirts
with his prisoner number 14873. His body was cremated and released to his
daughter to be taken back to Idaho with family members.
Ultimately, his children and grandchildren got their chance to express their love for him. I'm not sure Ronnie had a lot of love in his life. At least in the end there, he got that.—Andrew Valdez, Defense attorney
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Gardner was executed on the metal chair at
the right side of this chamber in Utah State Prison. The two narrow rifle ports
can be seen in the middle-left. Panoramic mosaic of the execution chamber at
Utah State Prison in Draper, Utah, USA. The platform at the left is used for
lethal injection. The seat at the right and the two narrow gun ports on the far
wall of the room are used for execution by firing squad. Built in 1998, the
first person to be executed in this chamber was Joseph Mitchell Parsons in
1999.
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