Georgia Death Row Inmate Denied Firing Squad Execution, Faces Lethal Injection
Georgia death row inmate Michael Wade Nance’s request to be executed by firing squad has been rejected by federal judge J.P. Boulee.
Background:
Nance, 63, was sentenced to death for the 1993 murder of Gabor Balogh. He argues that lethal injection, the sole execution method authorized in Georgia, could cause him excruciating pain due to his medical issues.
Argument for Firing Squad:
Nance’s attorneys maintain that his veins are difficult to find and locate, and those that are visible are damaged. They claim a substantial risk exists that his veins could rupture during execution, resulting in the drug leaking into surrounding tissue and causing intense agony.
Additionally, they assert that Nance’s long-term use of a medication for back pain could diminish the effectiveness of the pentobarbital used in lethal injections.
Judge’s Ruling:
Judge Boulee ruled that Nance failed to demonstrate that the injection would indeed cause excruciating pain. He cited medical testimony indicating that Nance has undergone several medical procedures requiring IV injections since the lawsuit was filed, without any complications.
Regarding Nance’s assertion about the pain medication interfering with the lethal injection drug, Boulee noted that experts have no definitive knowledge of the impact it would have.
Eighth Amendment Considerations:
The U.S. Supreme Court has ruled that inmates challenging execution methods under the Eighth Amendment must prove they create "a substantial risk of serious harm" and that there are "known and available alternatives" that are "feasible, readily implemented," and significantly reduce the risk of severe pain.
Alternative Firing Squad Proposal:
Nance’s attorneys proposed firing squad as an alternative execution method to mitigate the potential pain caused by lethal injection. They presented testimony arguing that execution by firing squad would result in a quick death.
Judge’s Decision on Firing Squad:
However, since Nance did not prove that his medical issues would cause him to suffer severe pain during lethal injection, Judge Boulee declined to consider the firing squad alternative.
Procedural History:
Nance initially filed his lawsuit in January 2020. Judge Boulee initially dismissed the case, but the 11th U.S. Circuit Court of Appeals overturned that ruling. The U.S. Supreme Court further intervened, determining that Nance could challenge Georgia’s execution method without being confined to state-authorized methods.
Nance’s attorneys plan to appeal the latest decision.
Associated Press Contribution:
The Associated Press contributed to this report.
