By Ruth Brown, Idaho Reports
The Senate Judiciary and Rules Committee voted on Wednesday to advance a bill that would make the firing squad the primary method of execution in the state.
Sen. Doug Ricks, R-Rexburg, sponsored House Bill 37, which would change the state’s policy from its existing primary method of execution, lethal injection.
The Idaho Department of Correction failed to carry out the execution of 74-year-old Thomas Creech on Feb. 28, 2024, after the medical team could not establish an IV line to carry out the lethal injection. Creech remains in IDOC custody.
Should the bill pass, it will not go into effect until July 1, 2026. IDOC must still remodel an existing prison facility before a death by firing squad execution could take place and the department may still use lethal injection in the meantime.
Procedure for executions is left to the discretion of the IDOC director, who is currently Josh Tewalt. The department reportedly has a policy and procedure for implementing the firing squad, but it is not public yet. Ricks said he was told the firing squad would be done through an automated system, rather than by individual humans with rifles.
Chairman Sen. Todd Lakey, R-Nampa, said he would support the bill.
“I do believe this is a more sure and more humane way of carrying out an execution,” said Lakey.
Minority Leader Sen. Melissa Wintrow, D-Boise, said she did not believe the death penalty served as a deterrent to murder and had more questions about how these executions might be carried out.
IDOC did not have a representative at the hearing to answer her questions.
Deputy Attorney General for death penalty litigation LaMont Anderson told the committee the U.S. Supreme Court had determined that the firing squad is a justifiably humane form of execution.
Sen. Brian Lenney, R-Nampa, expressed less concern about that.
“You know what’s not humane, is murdering 11 people,” said Lenney, referencing one current resident of Idaho’s death row. “I think a .30 (caliber) bullet or bullets to the head is merciful, given what some of these people have done on death row.”
Sen. Dan Foreman, R-Viola, sided with the two committee Democrats in voting against the bill. A retired law enforcement officer, Foreman also voted against a bill last year that legalized use of the firing squad as a secondary method if lethal injection chemicals are not available.
“It’s my belief that shooting someone to affect an execution is brutal, it’s cruel, and it’s inhumane. It’s an inhumane method,” said Foreman. “I think quite frankly it’s beneath the dignity of Idaho.”
The bill now heads to the full Senate for a vote.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.