Ronnie Lee Gardner (January 16, 1961 – June 18, 2010) was an American criminal who received the death penalty for killing a man during an attempted escape from a courthouse in 1985, and was executed by a firing squad by the state of Utah in 2010.
[1] 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.
[12] 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.
"[1] While Gardner intermittently continued to go to the industrial school,[5] he met Debra Bischoff at a Salt Lake City apartment complex where his mother lived.
[1][4] 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.
[17] During trial proceedings for the Otterstrom murder on April 2, 1985, Gardner attempted to escape from custody with a revolver smuggled into the Metropolitan Hall of Justice at Salt Lake City.
[17] 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.
[21] Her sister, Carma Jolley Hainsworth, was sentenced to eight years in prison for delivering the clothes and messages in preparation for the escape attempt,[22] but the identity of the person who provided Gardner with the firearm was not known at the time.
[25] 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 unrestricted access to areas where prisoners were transported.
[7][18][26] Otterstrom, a mountain climber and veteran of the 19th Special Forces Group of the Utah National Guard, was survived by his wife Kathy and his five-year-old son, Jason.
[15]Burdell — a Vietnam veteran, former engineer, and member of the Summum Church — was survived by his girlfriend, Donna Nu, who would go on to advocate against Gardner's execution.
[1] 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.
[29] 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.
[10] In contrast to Taylor, who said he chose the firing squad to embarrass the state,[31] Gardner's attorney said that his client did not want to attract attention and simply preferred to die this way.
[3] I'd prefer to die of old age, your honor, but if that ain't possible, I'll take the firing squad.Gardner's incarceration as Utah's then-youngest inmate on death row was not uneventful.
[34] 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.
[36][37] 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.
"[38] 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.
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.
The constitutionality of the law was challenged, with defense lawyers calling it "stale and anachronistic,"[40] and the charge against Gardner was thrown out by the Utah Supreme Court because the victim did not die.
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.
[43] 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.
[16] 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.
[9] 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 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.
[46] 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.
They 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.
[53] The law denies any stay of execution after a first appeal, without a judicial review of new evidence (or a pregnant appellant), that a judge determines would have materially affected the original case.
[citation needed] The Utah Department of Corrections provided Gardner's attorney, Andrew Parnes, with documentation about executions by firing squad and lethal injection.
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.