Ronnie Lee Gardner
Encyclopedia
Ronnie Lee Gardner 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 new 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.
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.
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."
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. 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.
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.
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
.
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.
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 (64.7 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.
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.
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 Stephen 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."
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 Utahns 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:
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.
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.
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
for murder in 1985, and was executed by firing squad
Execution by firing squad
Execution by firing squad, sometimes called fusillading , is a method of capital punishment, particularly common in the military and in times of war.Execution by shooting is a fairly old practice...
by the state of Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
in 2010. Gardner's case spent nearly 25 years in the court system, prompting the Utah House of Representatives
Utah House of Representatives
The Utah House of Representatives is the lower house of the Utah State Legislature, the state legislature of the U.S. state of Utah. The House is composed of 75 representatives elected from single member constituent districts. Each district contains an average population of 35,000 people...
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
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
for the first count and received the death penalty for the second. The state adopted new security measures as a result of the incident at the courthouse. While held at Utah State Prison
Utah State Prison
Utah State Prison, or USP, is one of two prisons managed by the Utah Department of Corrections' Division of Institutional Operations. It is located in Draper, Utah, United States, about 20 miles southwest of Salt Lake City.-History:...
, Gardner was charged with another capital crime for stabbing an inmate in 1994. However, that charge was overturned by the Utah Supreme Court
Utah Supreme Court
The Utah Supreme Court is the supreme court of the state of Utah, USA. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three justices. All justices are appointed by the governor...
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
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
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
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, 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
Capital punishment in the United States
Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
in 14 years. Gardner stated that he sought this method of execution because of his Mormon
Mormon
The term Mormon most commonly denotes an adherent, practitioner, follower, or constituent of Mormonism, which is the largest branch of the Latter Day Saint movement in restorationist Christianity...
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
Blood atonement
In mormonism, blood atonement is a controversial doctrine that teaches that murder is so heinous that the atonement of Jesus does not apply. Thus, in order to atone for these sins, the perpetrators must have their blood shed upon the ground as a sacrificial offering...
of individuals. The case also attracted debate over capital punishment
Capital punishment debate
The use of capital punishment, frequently known as the death penalty, is highly controversial.-Retribution:Supporters of the death penalty argued that death penalty is morally justified when applied in murder especially with aggravating elements such as multiple homicide, child murder, torture...
and whether Gardner had been destined for a life of violence since his difficult childhood.
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 "hoboHobo
A hobo is a term which is often applied to a migratory worker or homeless vagabond, often penniless. The term originated in the Western—probably Northwestern—United States during the last decade of the 19th century. Unlike 'tramps', who work only when they are forced to, and 'bums', who do not...
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 commitmentInvoluntary commitment
Involuntary commitment or civil commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital or in the community ....
at Utah State Hospital
Utah State Hospital
The Utah State Hospital is a mental hospital located in Provo, Utah, United States of America. The current Superintendent is Dallas Earnshaw.-History:...
in Provo
Provo, Utah
Provo is the third largest city in the U.S. state of Utah, located about south of Salt Lake City along the Wasatch Front. Provo is the county seat of Utah County and lies between the cities of Orem to the north and Springville to the south...
. 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
Utah State Industrial School
Utah State Industrial School was a juvenile reform school that operated in Ogden, Utah from October 31, 1889 to 1983.-History:In 1888, the Utah Territorial Assembly passed the Reform School bill, at the initiative of Salt Lake City attorney James Moyle, to help juvenile delinquents by teaching new...
in Ogden
Ogden, Utah
Ogden is a city in Weber County, Utah, United States. Ogden serves as the county seat of Weber County. The population was 82,825 according to the 2010 Census. The city served as a major railway hub through much of its history, and still handles a great deal of freight rail traffic which makes it a...
, 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
Foster care
Foster care is the term used for a system in which a minor who has been made a ward is placed in the private home of a state certified caregiver referred to as 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
Pedophilia
As a medical diagnosis, pedophilia is defined as a psychiatric disorder in adults or late adolescents typically characterized by a primary or exclusive sexual interest in prepubescent children...
. 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
Utah State Prison
Utah State Prison, or USP, is one of two prisons managed by the Utah Department of Corrections' Division of Institutional Operations. It is located in Draper, Utah, United States, about 20 miles southwest of Salt Lake City.-History:...
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. 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
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
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
Salt Lake Regional Medical Center
The Salt Lake Regional Medical Center is a hospital in Salt Lake City, Utah.Salt Lake Regional Medical Center was formerly known as Holy Cross Hospital, which was the only Catholic Hospital in Utah for over a century. The hospital was sold by the Sisters of the Holy Cross in 1994 and renamed....
. Kirk survived surgery and was listed in critical condition
Critical Condition
Critical condition is a medical state.Critical Condition may also be:* Critical Condition , an episode of the television series Sex and the City* Critical Condition , a 1987 comedy film...
at LDS Hospital
LDS Hospital
LDS Hospital is a general urban hospital and surgical center in Salt Lake City, Utah. The hospital was originally owned by the LDS Church but is now owned and operated by Intermountain Healthcare...
. 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
Human shield
Human shield is a military and political term describing the deliberate placement of civilians in or around combat targets to deter an enemy from attacking those targets. It may also refer to the use of civilians to literally shield combatants during attacks, by forcing the civilians to march in...
. 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.
Sentencing and incarceration
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
if they found Gardner to be under mental or emotional duress
Duress
In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against the person. Black's Law Dictionary defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner...
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
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
. 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
Gary Gilmore
Gary Mark Gilmore was an American criminal, and murderer, who gained international notoriety for demanding that his own death sentence be fulfilled following two murders he committed in Utah. He became the first person executed in the United States after the U.S...
and John Albert Taylor
John Albert Taylor
John Albert Taylor was an American who was convicted of burglary and carrying a concealed weapon in the state of Florida, and sexual assault and murder in the state of Utah. Taylor's own sister tipped off police in June 1989 after 11-year-old Charla King was found raped and strangled to death in...
. 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.
Gardner's incarceration as Utah's then-youngest inmate on death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
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
Utah House of Representatives
The Utah House of Representatives is the lower house of the Utah State Legislature, the state legislature of the U.S. state of Utah. The House is composed of 75 representatives elected from single member constituent districts. Each district contains an average population of 35,000 people...
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
Shiv (weapon)
A shiv is a slang term for any sharp or pointed implement used as a knife-like weapon. However, the word in practical usage is frequently used when referring to an improvised bladed weapon. Shivs are commonly made by inmates in prisons across the world...
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
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
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
Utah Supreme Court
The Utah Supreme Court is the supreme court of the state of Utah, USA. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three justices. All justices are appointed by the governor...
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
2002 Winter Olympics
The 2002 Winter Olympics, officially the XIX Olympic Winter Games, were a winter multi-sport event that was celebrated in February 2002 in and around Salt Lake City, Utah, United States. Approximately 2,400 athletes from 77 nations participated in 78 events in fifteen disciplines, held throughout...
.
In 1998, the old Metropolitan Hall of Justice was vacated and replaced by the multimillion-dollar Scott M. Matheson
Scott M. Matheson
-External links:* from...
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 CampbellTena Campbell
Tena Campbell is a United States federal judge.Born in Wendell, Idaho, Campbell received a B.A. from the University of Idaho in 1967, an M.A. from Arizona State University in 1970, and a J.D. from Arizona State University College of Law in 1977...
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
United States Court of Appeals for the Tenth Circuit
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...
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
Execution warrant
An execution warrant is a writ which authorizes the execution of a judgment of death on an individual...
on April 23 ordering the state to carry out the death sentence.
At Gardner's commutation
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
hearing on June 10, 2010, lawyers and medical experts in his defense argued whether meningitis
Meningitis
Meningitis is inflammation of the protective membranes covering the brain and spinal cord, known collectively as the meninges. The inflammation may be caused by infection with viruses, bacteria, or other microorganisms, and less commonly by certain drugs...
contracted at the age of 4 had damaged his brain. Gardner had also huffed gas and glue with his siblings, and played with mercury
Mercury poisoning
Mercury poisoning is a disease caused by exposure to mercury or its compounds. Mercury is a heavy metal occurring in several forms, all of which can produce toxic effects in high enough doses...
stolen from gas meters by his stepfather to sell. Three of the jurors that sentenced Gardner to death signed an affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
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 (64.7 ha) in Box Elder County, Utah
Box Elder County, Utah
Box Elder County is a county located in the U.S. state of Utah. It lies on the north end of the Great Salt Lake, covering a large area north to the Idaho border and west to the Nevada border. Included in this area are large tracts of barren desert, contrasted by high, forested mountains. The...
. Gardner's attorney presented a letter his client wrote to Oprah Winfrey
Oprah Winfrey
Oprah Winfrey is an American media proprietor, talk show host, actress, producer and philanthropist. Winfrey is best known for her self-titled, multi-award-winning talk show, which has become the highest-rated program of its kind in history and was nationally syndicated from 1986 to 2011...
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.
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.
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 Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
and John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
would have granted a stay of execution
Stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
. Utah governor Gary Herbert declined to intervene and said that Gardner had "a full and fair opportunity" in court. State attorney general Mark Shurtleff
Mark Shurtleff
Mark Shurtleff is the current attorney general of the state of Utah, United States, a position he has held since January 2001...
announced on Twitter
Twitter
Twitter is an online social networking and microblogging service that enables its users to send and read text-based posts of up to 140 characters, informally known as "tweets".Twitter was created in March 2006 by Jack Dorsey and launched that July...
that he signed off on the execution: "I just gave the go ahead to Corrections Director to proceed with Gardner's execution."
Death penalty debate
Opponents of capital punishmentOpposition to capital punishment in the United States
Opposition to capital punishment in the United States existed as early as the colonial period. Opposition to the death penalty peaked in 1966 , rising to 47% opposition, higher than those who supported it , the rest had 'no opinion'...
gathered at the Utah State Capitol
Utah State Capitol
The Utah State Capitol is the house of government for the U.S. state of Utah. The building houses the chambers of the Utah State Legislature, the offices of the Governor of Utah and Lieutenant Governor of Utah, along with other supporting offices for the Government of Utah...
to hold a rally during the final appeals. The protest was attended by Gardner's family, and was organized by Utahns 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
Pacifism
Pacifism is the opposition to war and violence. The term "pacifism" was coined by the French peace campaignerÉmile Arnaud and adopted by other peace activists at the tenth Universal Peace Congress inGlasgow in 1901.- Definition :...
who would have opposed the death penalty.
News media arrived from around the world and raised the issue of blood atonement
Blood atonement
In mormonism, blood atonement is a controversial doctrine that teaches that murder is so heinous that the atonement of Jesus does not apply. Thus, in order to atone for these sins, the perpetrators must have their blood shed upon the ground as a sacrificial offering...
because of Gardner's citation of his Mormon roots in selecting the firing squad. Some followers of Mormonism
Mormonism
Mormonism is the religion practiced by Mormons, and is the predominant religious tradition of the Latter Day Saint movement. This movement was founded by Joseph Smith, Jr. beginning in the 1820s as a form of Christian primitivism. During the 1830s and 1840s, Mormonism gradually distinguished itself...
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 atonementBlood atonementIn mormonism, blood atonement is a controversial doctrine that teaches that murder is so heinous that the atonement of Jesus does not apply. Thus, in order to atone for these sins, the perpetrators must have their blood shed upon the ground as a sacrificial offering...
," 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
Keith Michael Patrick O'Brien
Keith Michael Patrick O'Brien is a Scottish Cardinal and the Archbishop of St Andrews and Edinburgh of the Roman Catholic Church. O'Brien is currently the only living Cardinal from Scotland....
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
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
, HB202, passed the Utah House by a margin of 67-to-5 on February 1, 2011, and unanimously passed the Utah State Senate
Utah State Senate
The Utah State Senate is the upper house of the Utah State Legislature, the state legislature of the U.S. state of Utah. The Senate is composed of 29 elected members representing an equal number of constituent senatorial districts. Each senatorial district is composed of approximately 91,000 people...
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 CorrectionsUtah Department of Corrections
Utah Department of Corrections, or UDC, is a government agency dedicated to the management and supervision of convicted felons in the State of Utah. It is currently led by the Executive Director Tom Patterson...
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
Last meal
The last meal is a customary part of a condemned prisoner's last day. Often, the day of, or before, the appointed time of execution, the prisoner receives a last meal, as well as religious rites, if they desire. In the United States, inmates generally may not ask for an alcoholic drink...
of steak, lobster tail, apple pie, vanilla ice cream and 7 Up
7 Up
7 Up is a brand of a lemon-lime flavored non-caffeinated soft drink. The rights to the brand are held by Dr Pepper Snapple Group in the United States, and PepsiCo in the rest of the world, including Puerto Rico, where the concentrate is manufactured at the Pepsi facility in Cidra...
, before beginning a 48-hour fast while watching The Lord of the Rings film trilogy
The Lord of the Rings film trilogy
The Lord of the Rings is an epic film trilogy consisting of three fantasy adventure films based on the three-volume book of the same name by English author J. R. R. Tolkien. The films are The Fellowship of the Ring , The Two Towers and The Return of the King .The films were directed by Peter...
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
Mountain Time Zone
The Mountain Time Zone of North America keeps time by subtracting seven hours from Coordinated Universal Time, also known as Greenwich Mean Time, during the shortest days of autumn and winter , and by subtracting six hours during daylight saving time in the spring, summer, and early autumn...
by a firing squad at Utah State Prison in Draper
Draper, Utah
Draper is a city in Salt Lake and Utah Counties in the U.S. state of Utah, located about south of Salt Lake City along the Wasatch Front. Between 1990 and 2000 Draper was Utah's fastest-growing city over 5,000 people . Its population in 1990 was 7,143 and had grown to 25,220 by the 2000 census...
. 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
.30-30 Winchester
The .30-30 Winchester/.30 Winchester Center Fire/7.62×51mmR cartridge was first marketed in early 1895 for the Winchester Model 1894 lever-action rifle. The .30-30 , as it is most commonly known, was the USA's first small-bore, sporting rifle cartridge designed for smokeless powder. The .30-30 is...
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
Utah Department of Corrections
Utah Department of Corrections, or UDC, is a government agency dedicated to the management and supervision of convicted felons in the State of Utah. It is currently led by the Executive Director Tom Patterson...
, the squad used a countdown cadence
Military cadence
In the armed services, a military cadence or cadence call is a traditional call-and-response work song sung by military personnel while running or marching...
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
John Albert Taylor
John Albert Taylor was an American who was convicted of burglary and carrying a concealed weapon in the state of Florida, and sexual assault and murder in the state of Utah. Taylor's own sister tipped off police in June 1989 after 11-year-old Charla King was found raped and strangled to death in...
14 years earlier. A commemorative coin
Commemorative coin
Commemorative coins are coins that were issued to commemorate some particular event or issue. Most world commemorative coins were issued from the 1960s onward, although there are numerous examples of commemorative coins of earlier date. Such coins have a distinct design with reference to the...
was commissioned for prison staff who participated in the execution.
Gardner's friends and family gathered outside the prison at a candlelight vigil
Candlelight vigil
A candlelight vigil is an outdoor assembly of people carrying candles, held after sunset. Such events are typically held either to protest the suffering of some marginalized group of people, or in memory of lives lost to some disease, disaster, massacre or other tragedy. In the latter case, the...
while playing "Free Bird
Free Bird
"Free Bird" is a song by the American southern rock band Lynyrd Skynyrd...
" by Lynyrd Skynyrd
Lynyrd Skynyrd
Lynyrd Skynyrd is an American rock band prominent in spreading Southern Rock during the 1970s.Originally formed as the "Noble Five" in Jacksonville, Florida, in 1964, the band rose to worldwide recognition on the basis of its driving live performances and signature tune, Freebird...
. 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
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
with family members.
See also
- Capital punishment in Utah
- Grandfather clauseGrandfather clauseGrandfather clause is a legal term used to describe a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations. It is often used as a verb: to grandfather means to grant such an exemption...
- Religion and capital punishmentReligion and capital punishmentMost major world religions take an ambiguous position on the morality of capital punishment. Religions are often based on a body of teachings and the standards of present-day Western civilization, and the Old Testament, as well as the Qur'an, contains many cases of criminals being executed...
External links
- House Bill 202 at the Utah State LegislatureUtah State LegislatureThe Utah State Legislature is the state legislature of the U.S. state of Utah. It is a bicameral body, comprising the Utah House of Representatives, with 75 Representatives, and the Utah Senate, with 29 State Senators...
- Diagram of Gardner's April 2, 1985 escape attempt from the Metropolitan Hall of Justice at the Deseret News
- Diagram of Gardner's October 28, 1987 barricade of a Utah State Prison visiting room at the Deseret News