NASHVILLE, Tenn. — Tennessee carried out the execution Thursday of a man condemned for the 1985 rape and murder of a 7-year-old girl, marking the first time thein nearly a decade. Hours earlier Thursday, the U.S. Supreme Court cleared the way for the execution, denying Billy Ray Irick’s request for a stay, but Justice Sonia Sotomayor issued a blistering dissent, recounting details from a recent state court trial of a case brought by inmates contesting Tennessee’s execution drugs.
Witnesses to Tennessee’s first execution in nearly a decade say Irick at first signaled he would have no last words, but then gave a brief statement to those watching.
Journalists present reported that the blinds between a witness room and the execution chamber were opened at 7:26 p.m. Thursday, and about a minute later, Irick was asked if he had any words before the lethal injection drugs began flowing. He was convicted in 1986 in rape and murder of 7-year-old Paula Dyer, a Knoxville girl he was babysitting.
At first he appeared to sigh and say “no.” But then he said, “I just want to say I’m really sorry and that, that’s it.”
A minute later, his eyes closed. Snoring and heavy breathing were heard. Then at 7:34 p.m., there was coughing, huffing and deep breaths. An attendant began yelling “Billy” and checked the inmate and grabbed his shoulder, but there didn’t seem to be any reaction. Two minutes later, Irick was not making any noise and began to turn dark purple.
He was pronounced dead at 7:48 p.m.
It was the first execution in Tennessee since December 2009, when inmate Cecil Johnson received a lethal injection for the 1980 killings of three people during a Nashville convenience store robbery. Since then, the state has endured legal challenges and difficulties finding execution chemicals such, including its previous drug pentobarbital.
On Monday, the state Supreme Court also had refused to block Irick’s execution, saying the lawsuit filed by inmates involving the execution drugs wasn’t likely to succeed.
In a ruling late last month, Davidson County Chancellor Ellen Hobbs Lyle wrote that attorneys for 33 death row inmates, including Irick, didn’t prove that there is a substantially less painful means to carry out an execution or that the drugs the state planned on using would cause the inmate to be tortured to death.
Tennessee’s execution protocol called for use of midazolam as a sedative, the muscle-relaxer vecuronium bromide and then potassium chloride to stop the heart.
At question is whether midazolam is actually effective in rendering someone unconscious and unable to feel pain from the other two drugs. Federal public defender Kelley Henry said at trial that inmates were tortured to death, feeling like they were suffocating, drowning, and utterly confused.
Attorneys for the state have said the U.S. Supreme Court has upheld the use of midazolam in a three-drug series.
Sotomayor dissented from the denial of the application for stay on the grounds of the “torturous pain” the lethal cocktail of drugs could cause, CBS Nashville affiliate WTVF reports.
In Nevada, the drug company Alvogen has sued to block use of midazolam in a stalled execution. Tennessee is one of 15 states siding with the state of Nevada against the company, though Tennessee is planning to use a version of the drug that is compounded, not directly purchased from a manufacturer.
Supporters and opponents of the death penalty turned out Thursday evening in places around the state.
The Tennessean newspaper reported death penalty opponents gathered around Tennessee in several churches and outside the prison before the execution. About 50 protesters were outside the prison, while others who support the death penalty also showed up as authorities kept the two groups apart.
The execution comes a week after Pope Francis revealed new Catholic church teaching that deems the death penalty “inadmissible” under all circumstances.
Prior to the pope’s emboldened stance against the death penalty, three Catholic bishops in Tennessee wrote Gov. Bill Haslam, telling him that “the death penalty contributes to the growing disrespect for human life.”
Haslam declined on Monday to intervene in Irick’s case.