The execution of Dennis McGuire occurred on January 16, 2014, at the
Southern Ohio Correctional Facility in
Lucasville, Ohio, in what was considered to be a botched execution. McGuire was executed via
lethal injection
Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...
using a new combination of untried and untested drugs:
midazolam and
hydromorphone. During the execution, witnesses reported that McGuire could be seen struggling to breathe, and reportedly gasped loudly while making snorting and choking sounds for at least ten minutes. It took over twenty-five minutes for McGuire to die, in a process that should normally take just over eight minutes.
The execution led to an unofficial
moratorium on
capital punishment in Ohio
Capital punishment is a legal penalty in the U.S. state of Ohio, although all executions have been suspended indefinitely by Governor Mike DeWine until a replacement for lethal injection is chosen by the Ohio General Assembly. The last execution ...
for over three years. McGuire's family filed a civil rights lawsuit against the state and an
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
drug company. The lawsuit was later dropped by the family after the
Ohio Department of Rehabilitation and Correction
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
announced it would abandon the execution method it had used on McGuire. The state did not carry out another execution until July 2017.
Background
Dennis B. McGuire (February 10, 1960 – January 16, 2014)
was sentenced to death on December 8, 1994, for the 1989 rape and murder of 22-year-old Joy Stewart in
West Alexandria, Ohio
West Alexandria is a village in Preble County, Ohio, United States. The population was 1,340 at the 2010 census.
History
West Alexandria was laid out in 1818. The community derives its name from one of its founders, William Alexander. A post of ...
. Stewart disappeared on February 11, 1989, and her body was found by two hikers the following day in the woods near Bantas Creek. An autopsy was performed, and it was determined she had died from having her throat cut by a knife, which had severed her
carotid artery Carotid artery may refer to:
* Common carotid artery, often "carotids" or "carotid", an artery on each side of the neck which divides into the external carotid artery and internal carotid artery
* External carotid artery, an artery on each side of t ...
and
jugular vein. No leads came in for the case until December 1989, when McGuire, who was in prison for an unrelated crime, spoke with police, and told them that his brother-in-law had murdered Stewart.
McGuire knew details about the crime that had not been made public, making investigators take his allegation seriously. However, as new details emerged, it became apparent that McGuire had been the actual perpetrator. DNA testing carried out in 1992 proved that McGuire had raped and murdered Stewart. On December 22, 1993, McGuire was charged with one count of aggravated murder, two counts of rape, and one count of kidnapping.
On December 8, 1994, McGuire was found guilty of all charges, and the jury recommended a death sentence.
Execution
McGuire spent over nineteen years on
death row
Death row, also known as condemned row, is a place in a prison that houses inmates awaiting Capital punishment, execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of ...
until his execution date, which was scheduled for January 16, 2014. In September 2013, the state of Ohio ran out of the drug
pentobarbital. The drug, originally manufactured in
Denmark
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, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
, was subject to strict export licenses that prevented it being sold to
departments of correction within the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. European-based manufacturers banned prisons in the United States from using their drugs in executions. Because of this, the state of Ohio was forced to use a new combination of drugs to execute McGuire.
The state decided on a combination of the drugs
midazolam, a
sedative
A sedative or tranquilliser is a substance that induces sedation by reducing irritability or excitement. They are CNS depressants and interact with brain activity causing its deceleration. Various kinds of sedatives can be distinguished, but t ...
, and
hydromorphone, an
opioid
Opioids are substances that act on opioid receptors to produce morphine-like effects. Medically they are primarily used for pain relief, including anesthesia. Other medical uses include suppression of diarrhea, replacement therapy for opioid us ...
painkiller. The combination had never been tried or tested before. McGuire's lawyers had warned ahead of the proceeding that the new combination of drugs may subject McGuire to
air hunger, which would cause him to suffocate to death. In court proceedings, an Ohio state prosecutor bluntly stated that McGuire was not
ecessarily and automaticallyentitled to a painless execution, and a judge allowed the execution to proceed.
At 10:28a.m. on the morning of January 16, 2014, at the
Southern Ohio Correctional Facility, McGuire was injected with both drugs after he gave a final statement. According to a witness at the execution, four minutes into the procedure, McGuire could be seen struggling and gasping loudly for air. He made snorting and choking sounds, which lasted for at least ten to fifteen minutes. At 10:53a.m., McGuire was pronounced dead. The execution took over twenty-five minutes, in a process that should have normally taken around eight.
It was the longest execution ever recorded in Ohio.
His
last meal
A condemned prisoner's last meal is a customary ritual preceding execution. In many countries, the prisoner may, within reason, select what the last meal will be.
Contemporary restrictions in the United States
In the United States, most states gi ...
was roast beef, fried chicken, a bagel with cream cheese, fried potatoes with onions, potato salad, butter pecan ice cream, and a Coke.
Aftermath
Following the execution, McGuire's family planned to sue the state of Ohio for inflicting cruel and unusual punishment in violation of the US constitution. A professor of
anesthesia
Anesthesia is a state of controlled, temporary loss of sensation or awareness that is induced for medical or veterinary purposes. It may include some or all of analgesia (relief from or prevention of pain), paralysis (muscle relaxation), ...
at
Harvard Medical School
Harvard Medical School (HMS) is the graduate medical school of Harvard University and is located in the Longwood Medical Area of Boston, Massachusetts. Founded in 1782, HMS is one of the oldest medical schools in the United States and is consi ...
told an Ohio court that using midazolam was inappropriate in an execution, and that the state ran the risk of McGuire being conscious for up to five minutes while suffocating. The human rights group
Reprieve also released a statement in response, saying they were shocked that the state had gone ahead with the execution, despite the warnings from experts.
All pending executions in Ohio were put on hold, and an unofficial
moratorium on
capital punishment in Ohio
Capital punishment is a legal penalty in the U.S. state of Ohio, although all executions have been suspended indefinitely by Governor Mike DeWine until a replacement for lethal injection is chosen by the Ohio General Assembly. The last execution ...
was declared by Governor
John Kasich. The state then tried to find
compounded or specially mixed versions of lethal drugs, but was unsuccessful. Kasich later signed a bill into law that shielded the names of companies that provide the state of Ohio with lethal injection drugs.
Over a year later, McGuire's family dropped its civil rights lawsuit against the state after the
Ohio Department of Rehabilitation and Correction
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
announced it would abandon the execution method it had used on McGuire in favor of alternative anesthetics. The decision satisfied McGuire's family. Kasich ruled out looking for alternative execution methods, such as
hanging
Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging i ...
or
firing squad
Execution by firing squad, in the past sometimes called fusillading (from the French ''fusil'', rifle), is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are us ...
.
It took over three years before Ohio planned to resume executions with a new, three-drug combination:
midazolam,
rocuronium bromide
Rocuronium bromide (brand names Zemuron, Esmeron) is an aminosteroid non-depolarizing neuromuscular blocker or muscle relaxant used in modern anaesthesia to facilitate tracheal intubation by providing skeletal muscle relaxation, most commonly re ...
, and
potassium chloride
Potassium chloride (KCl, or potassium salt) is a metal halide salt composed of potassium and chlorine. It is odorless and has a white or colorless vitreous crystal appearance. The solid dissolves readily in water, and its solutions have a salt ...
. In July 2017, convicted murderer
Ronald Philips was the next person to be executed after McGuire, using the new three-drug combination.
See also
*
Capital punishment in Ohio
Capital punishment is a legal penalty in the U.S. state of Ohio, although all executions have been suspended indefinitely by Governor Mike DeWine until a replacement for lethal injection is chosen by the Ohio General Assembly. The last execution ...
*
Capital punishment in the United States
In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 s ...
*
Execution of Jeffrey Landrigan
*
Execution of Clayton Lockett
The death of Clayton Derrell Lockett occurred on April 29, 2014, when he suffered a heart attack during an execution by lethal injection in the U.S. state of Oklahoma. Lockett, aged 38, was convicted in 2000 of murder, rape, and kidnapping.
Lock ...
*
Execution of Joseph Wood
*
List of botched executions
A botched execution is defined by political science professor Austin Sarat as:
Botched executions occur when there is a breakdown in, or departure from, the 'protocol' for a particular method of execution. The protocol can be established by the no ...
*
List of people executed in Ohio
*
List of people executed in the United States in 2014
This is a list of people executed in the United States in 2014. Thirty-five people were executed in the United States in 2014. Ten of them were in the state of Missouri, and another ten were in the state of Texas. Two ( Edgar Tamayo Arias and Ramir ...
References
{{DEFAULTSORT:McGuire, Dennis
1960 births
2014 deaths
20th-century American criminals
21st-century executions by Ohio
21st-century executions of American people
American people convicted of assault
American people convicted of kidnapping
American people convicted of rape
American people executed for murder
Deaths by person in Ohio
People executed by Ohio by lethal injection
People convicted of murder by Ohio
Political controversies in the United States
2014 in American law
2014 in Ohio
Executed people from Ohio
January 2014 events in the United States
2014 controversies in the United States