PHOENIX — After different execution protocol reports were made public, Arizona could be less than two months away from carrying out another execution.
The last execution in Arizona happened in November 2022 when 76-year-old Murray Hooper died by lethal injection for the murders of two people in Phoenix.
Now, after two years of reviewing and improving Arizona’s death penalty procedures, the state says it can resume the lethal practice.
ABC15 is working to cover all sides of this complex topic and our team recently sat down with Judge David Duncan, who was hired (and then fired) by Governor Katie Hobbs to review the state's execution protocol to get his perspective.
Judge Duncan's review
"It's shocking irony that one of my tasks was transparency — on the eve of producing the report, you shut it down," said Duncan, telling ABC15 how he felt when he described being fired by Governor Hobbs, even adding he did not see his termination coming.
"In fact, I thought that we were on pretty clear terms," said Duncan.
His working rough draft was still released and raised major concerns from organizations like the ACLU and those who have been tracking executions for years. In his unfinished report, Duncan cited concerns with officials' past actions, the chain of command of lethal drugs, and transparency.
The retired judge said he stood by those concerns and does not believe Arizona is prepared to resume executions. He told ABC15 he also had questions regarding the state's drug supply, the Department of Corrections' documentation process, and payment to those carrying out the executions.
Judge Duncan said he ultimately asked to see a training.
"If I can watch a walk-through and I can interview the people who have been hired to do it, and that seemed to be a very natural thing to be able to do," said Judge Duncan. "Their reaction at the Department of Corrections was 'absolutely not.'"
Instead, Judge Duncan thought alternatives could be considered, including death by firing squad.
Arizona Department of Corrections, Rehabilitation, and Reentry response
In a letter, the Arizona Department of Corrections, Rehabilitation, and Reentry Deputy Director raised concerns about Duncan’s review process, including the necessity to keep identities confidential. The letter included a list of concerns including Duncan's communication and the direction of his review.
"It is illegal to reveal the identities of executioners in the State of Arizona," said Judge Duncan when asked about that letter. "I’m a retired judge. It’s impossible to conceive that I would break the law."
He also said that he had, at times, asked questions multiple times because he received different answers and was trying to "verify."
The ADCRR Director ultimately sent his own review countering Duncan’s concerns.
"Toward the end, I think that political pressures changed maybe here in the State of Arizona," said Duncan.
He also told ABC15 he had started asking questions regarding 1099s for those carrying out executions just before he was terminated. ABC15 reached out to the Department of Administration with some of his questions.
Months later, Duncan said he still intends to finish the report with what he saw and learned.
State officials "confident"
With just weeks away until the State Supreme Court will consider setting an execution date for death row inmate Aaron Gunches, ABC15 asked Governor Hobbs about the judge’s concerns.
"I feel confident in the team at Corrections, and, you know, the judge through the process unfortunately wasn’t up to the task," said Governor Hobbs. "He was expanding his report far beyond what the executive order asked him to do."
ABC15 reached out to the ADCRR requesting a sit-down interview on this topic, but no one responded.
On Monday, a spokesperson responded to a list of questions sent by ABC15, sending a statement.
"The ADCRR is operationally prepared to carry out an execution, and remains confident in both the quantity and quality of its pentobarbital supply. The Department will be releasing a statement 35 days prior to Arizona’s next execution."
ABC15 was told they would not answer the other questions sent via email.
Arizona Attorney General Kris Mayes spoke at a press conference on January 21, taking a question regarding the state's ability to get the drug needed for lethal injection.
"You know, we, we have procured the drugs necessary to carry out executions in Arizona," said Attorney General Mayes. "We are prepared to do that. We anticipate that we will be executing Aaron Gunches on March 18, if the Supreme Court approves the execution warrant."
Murder of Ted Price
Aaron Gunches is on death row for the murder of Ted Price.
Price was shot and killed while living in the Valley with the woman who had become his partner. Family said the 40-year-old father was missing for weeks and was ultimately found in a desert area off Highway 87 near Gilbert Road.
It would be months until Gunches was indicted for Price's murder. During that time, he was arrested for shooting a DPS trooper near the California border. The injured trooper survived and Gunches pleaded guilty in both cases.
Price's family was there through each court hurdle including the sentencing phase, which happened twice. Ultimately, Gunches was sentenced to death in 2013.
ABC15 has spoken exclusively with Price's family who is hoping this is their final chapter involving Gunches.
