Ronald Smith executed for 1994 capital murder
Ronald Smith was executed Thursday night for the 1994 capital murder of Casey Wilson.
Media witnesses said he gasped and coughed for 13 minutes of the execution at Holman Correctional Facility in Atmore, which began at 10:25 and ended at 11:05. They also report Smith clinching his left fist and heaving his chest during the execution.
It's Alabama Department of Corrections protocol to give a consciousness check after the first drug in the three-drug lethal injection is given.
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The first drug is meant to anesthetize inmates beyond consciousness. The second drug is a paralytic and the third stops the heart.
He was twice administered a consciousness check and gave a level of reaction media witnesses who have covered several executions say they've never seen
Kent Faulk, an al.com reporter who witnessed Smith's execution along with two other lethal injection executions, said this was the first time he has seen a consciousness check given twice.
The first conscious check was given at 10:37, the second at 10:46, ADOC spokesman Bob Horton said.
Faulk also said Smith moved his hand after the officer gave the second consciousness check.
Smith was previously party to a lawsuit that challenged the state's death penalty protocol, alleging that Alabama’s death penalty process would cause cruel and unusual pain because the first drug administered does not properly anesthetize the condemned before injecting the second and third drugs.
Without proper anesthetization, condemned inmates would feel burning and paralyzing sensations caused by the second and third drugs, the suit contended.
Midazolam, the first drug administered, first came under scrutiny in 2014 after it was used in three botched executions in Ohio, Oklahoma, and Arizona.
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U.S. District Judge Keith Watkins ultimately ruled against Smith; the 11th Circuit U.S. Court of Appeals upheld Watkins’ decision.
ADOC Commissioner Jeff Dunn said that the department followed protocol for the execution, and would be seeking an autopsy for Smith.
Smith's family did not attend the execution. One member of Wilson's family, who wished to not be identified, was present.
When warden Cynthia Steward asked Smith if he wanted to comment before she began his execution, Smith responded, "No ma'am." He continued to move his lips with his chaplin, media witnesses said. Steward was the first female warden in Alabama to perform an execution.
His was the second execution in Alabama this year; Christopher Brooks was executed in January for a 1992 rape and murder.
Smith's case:
Shortly after his arrest, Smith confessed to killing and attempting to rob Wilson, a convenience store clerk and new father.
A Madison County jury found 24-year-old Smith guilty of capital murder. They voted 7-5 to sentenced him to life in prison without the possibility of parole.
Two months later, the judge overrode their decision and gave him death. He cited the "particularly heinous" nature of the crime, pointing to evidence that indicated Smith killed Wilson "execution style."
Alabama is the last state in the country that allows a judge to override a jury’s recommended sentence.
In January, the United States Supreme Court ruled in Hurst v. Florida that Florida’s sentencing scheme, which also allowed judicial override, was unconstitutional.
Following Hurst, The Delaware Supreme Court found that its sentencing scheme that also let judges override juries was also unconstitutional.
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Smith's attorneys petitioned SCOTUS to stay the execution in light of Hurst. Despite issuing two temporary stays in the hours leading up to Smith's execution, the high court ultimately denied his appeal in a 4-4 split.
They filed another appeal asking the court to stay the execution that would have challenged the state's lethal injection protocol based on the lawsuit in which he was previously a plaintiff. The U.S. Supreme Court denied that petition as well.
Less than a month ago, SCOTUS issued a stay of execution for Thomas Arthur, who had also challenged the death penalty protocol in legal action separate from Smith's.
The justices were again split 4-4 on whether to issue a stay, but Chief Justice John Roberts then cast a courtesy vote, allowing Arthur's execution to be delayed.
It was the 7th time Arthur avoided execution.
Prior to his execution, Smith met with his mother, father, son and four friends. He was served a last meal at 2:34 p.m. of three pieces of fried chicken and french fries. He declined breakfast.
A practicing Methodist, 45-year-old Smith asked to receive Holy Communion at 3:30 p.m. Horton said Smith's request was granted.