Arizona death row prisoner withdraws execution request, citing torturous injection process
Arizona death row prisoner Aaron Gunches asked the state Supreme Court to withdraw his request to be executed, citing three recent executions that were "carried out in a manner that amounts to torture" and the election of new Attorney General Kris Mayes.
A spokesperson for Mayes said Thursday that "the state does not intend to oppose Mr. Gunches’ motion to withdraw." The state Supreme Court is scheduled to conference the case on Jan. 31. "We will weigh all options and make a decision about moving forward before then," the spokesperson said.
Gunches had previously filed a motion in November asking the state Supreme Court to issue a death warrant, "so that justice may be lawfully served and give closure to the victim's family."
Gunches was sentenced to death for the 2002 murder of Ted Price, a former longtime boyfriend of Gunches' girlfriend. Gunches kidnapped and shot Price multiple times in a desert area off the Beeline Highway.
Gunches pleaded guilty to kidnapping and first-degree murder in 2004, and he has consistently waived his right to counsel, mitigation and post-conviction litigation.
Former Arizona Attorney General Mark Brnovich responded with his own request for Gunches' execution warrant.
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But on Wednesday, Gunches filed another motion, telling the state Supreme Court he had changed his mind after reading an Arizona Republic article quoting then Attorney General-elect Kris Mayes, who said, "We need to take some time to assess how the death penalty has worked, and make sure that this is done legally and correctly."
Gunches told the state Supreme Court he would not have filed his previous motion requesting the warrant, "had he known this stunning news, and now seeks to withdraw."
Gunches also pointed to the three executions in 2022 where Arizona Department of Corrections execution team members struggled to insert IV lines during the lethal injection process.
"The 3 recent botched executions of Dixon, Atwood, Hooper were done under AG Brnovich and carried out in a manner that amounts to torture," Gunches wrote. He cited instances reported by witnesses of execution teams appearing unprepared, and repeatedly resorting to making an incision to access the femoral vein which caused pain for two of the prisoners.
"Aaron Gunches does not want to be tortured before he is executed and asks this court to withdraw his motion with leave to file at a later date, after AG Mayes insures executions can be done in a proper manner," Gunches wrote. "For the Arizona Supreme Court to issue an execution warrant under the current conditions amounts to court ordered cruel and unusual punishment, which simply cannot be allowed."
A spokesperson for the state Supreme Court said the Court would address this motion with other pending motions following a response from the State.
This article originally appeared on Arizona Republic: Arizona death row prisoner Aaron Gunches withdraws execution request
