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Man dies of heart attack after botched execution

Oklahoma Set to Execute Two Men Using Untested Drug Cocktail

McALESTER, Okla. (AP) - Oklahoma prison officials halted an inmate's execution on Tuesday after a new drug combination left the man writhing and clenching his teeth on the gurney, before he later died of a heart attack.

Clayton Lockett, 38, was declared unconscious 10 minutes after the first of the state's new three-drug lethal injection combination was administered. Three minutes later, though, he began breathing heavily, writhing, clenching his teeth and straining to lift his head off the pillow.

The blinds were eventually lowered to prevent those in the viewing gallery from watching what was happening in the death chamber, and the state's top prison official eventually called a halt to the proceedings. Lockett died of a heart attack a short time later, the Department of Corrections said.

"It was a horrible thing to witness. This was totally botched," said Lockett's attorney, David Autry.

The problems with the execution are likely to fuel more debate about the ability of states to administer lethal injections that meet the U.S. Constitution's requirement they be neither cruel nor unusual punishment. That question has drawn renewed attention from defense attorneys and death penalty opponents in recent months, as several states scrambled to find new sources of execution drugs because drugmakers that oppose capital punishment - many based in Europe - have stopped selling to prisons and corrections departments.

Defense attorneys have unsuccessfully challenged several states' policies of shielding the identities of the new sources of their execution drugs. Missouri and Texas, like Oklahoma, have both refused to reveal their sources, but both of those states have since successfully carried out executions with their new supplies.

Tuesday was the first time Oklahoma used the drug midazolam as the first element in its execution drug combination. Other states have used it before; Florida administers 500 milligrams of midazolam as part of its three-drug combination. Oklahoma used 100 milligrams of that drug.

"They should have anticipated possible problems with an untried execution protocol," Autry said. "Obviously the whole thing was gummed up and botched from beginning to end. Halting the execution obviously did Lockett no good."

Republican Gov. Mary Fallin ordered a 14-day stay of execution for an inmate who was scheduled to die two hours after Lockett, Charles Warner. She also ordered the state's Department of Corrections to conduct a "full review of Oklahoma's execution procedures to determine what happened and why during this evening's execution."

Robert Patton, the department's director, halted Lockett's execution about 20 minutes after the first drug was administered. He later said there had been vein failure.

The execution began at 6:23 p.m., when officials began administering the first drug, the sedative midazolam. A doctor declared Lockett to be unconscious at 6:33 p.m.

Once an inmate is declared unconscious, the state's execution protocol calls for the second drug, a paralytic, to be administered. The third drug in the protocol is potassium chloride, which stops the heart. Patton said the second and third drugs were being administered when a problem was noticed. He said it's unclear how much of the drugs made it into the inmate's system.

Lockett began writhing at 6:36. At 6:39, a doctor lifted the sheet that was covering the inmate to examine the injection site.

"There was some concern at that time that the drugs were not having that (desired) effect, and the doctor observed the line at that time and determined the line had blown," Patton said at a news conference afterward, referring to Lockett's vein rupturing.

After an official lowered the blinds, Patton made a series of phone calls before calling a halt to the execution.

"After conferring with the warden, and unknown how much drugs went into him, it was my decision at that time to stop the execution," Patton told reporters.

Lockett was declared dead at 7:06 p.m.

Autry, Lockett's attorney, was immediately skeptical of the department's determination the issue was limited to a problem with Lockett's vein.

"I'm not a medical professional, but Mr. Lockett was not someone who had compromised veins," Autry said. "He was in very good shape. He had large arms and very prominent veins."

In Ohio, the January execution of an inmate who made snorting and gasping sounds led to a civil rights lawsuit by his family and calls for a moratorium. The state has stood by the execution but said Monday that it's boosting the dosages of its lethal injection drugs.

A four-time felon, Lockett was convicted of shooting 19-year-old Stephanie Neiman with a sawed-off shotgun and watching as two accomplices buried her alive in rural Kay County in 1999 after Neiman and a friend arrived at a home the men were robbing.

Warner had been scheduled to be put to death two hours later in the same room and on the same gurney. The 46-year-old was convicted of raping and killing his roommate's 11-month-old daughter in 1997. He has maintained his innocence.

Lockett and Warner had sued the state for refusing to disclose details about the execution drugs, including where Oklahoma obtained them.

The case, filed as a civil matter, placed Oklahoma's two highest courts at odds and prompted calls for the impeachment of state Supreme Court justices after the court last week issued a rare stay of execution. The high court later dissolved its stay and dismissed the inmates' claim that they were entitled to know the source of the drugs.

By then, Fallin had issued a stay of her own - a one-week delay in Lockett's execution that resulted in both men being scheduled to die on the same day.

Join the discussion

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bigpolarbearky April 30 2014 at 8:22 AM

I don't see the problem. He murdered a woman with a shot gun but that is not cruel or inhuman??? He got what he deserved.

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1 reply
mrsmommy345 bigpolarbearky April 30 2014 at 2:22 PM

he just shot her, she wasn't dead and then he watched as she was buried alive. let me get that tear out of my eye..

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lizziliddy April 30 2014 at 8:27 AM

Yeah. Whatever. It was still much better than what his victim received.

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nevwin1 April 30 2014 at 8:28 AM

Justice works in mysterious ways.

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jackhallbk April 30 2014 at 8:28 AM

The blinds were eventually lowered to prevent those in the viewing gallery from watching what was happening in the death chamber, . . . Lockett died of a heart attack a short time later, the Department of Corrections said.

If this is a legitimate criminal justice method, then why did the witness have to hide the execution from the witnesses. These inbred morons that think reernge is a legitimate objective of criminal law are ntohing but cowards, and they ahve no understanding of the higher goals of our system.

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2 replies
carpro33 jackhallbk April 30 2014 at 8:59 AM

Bleeding hearts like YOU are the "morons". Morons to the nth degree. Murderers need to be executed, period! If the method sucks, too bad! Really TOO BAD !

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dennislgrove jackhallbk April 30 2014 at 10:25 AM

Death is a sad part of life. Each person has the right to carry out his/her life to the fullest. When one person victimizes another and robs them of the full extent of their life the blood of the victim cries out for justice. Sometimes justice calls for the death of the perpetrator of a crime against both the victim and a civil society. Death is never pleasant but for a society to remain civil it becomes a necessary duty of the legal system to carry out executions. It's not meant to be pretty, but just the opposite in order to serve as notice to violent criminals that we will not tolerate such crimes against us, our society.

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par4pete April 30 2014 at 8:28 AM

I don't know why stories like this make headlines. The man was convicted of shooting 19-year-old Stephanie Neiman with a sawed-off shotgun and watching as two accomplices buried her alive after she interrupted his robbery. The system failed her, and we're supposed to be sympathetic when the system fails him?!

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toomnycars April 30 2014 at 8:28 AM

"Horribly wrong?".....Looks like the guy is dead. So, it worked, right?

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adamyaz April 30 2014 at 8:28 AM

He's dead. What's the problem?

With that said - they have been using lethal injection for a long time. Yet, yesterday was the first time they have used this new formula. Why? Was it necessary to reinvent the wheel?

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1 reply
DaMomb01 adamyaz April 30 2014 at 8:32 AM

(One of) the drugs previously being used for lethal injection are no longer being manufactured, and the penal system is like any other business...they're looking to save money.

Seems to me some rope or a bullet would suffice though.

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Tommy April 30 2014 at 8:29 AM

What wrong with a ROPE all way work

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jubiejewels April 30 2014 at 8:29 AM

If he's dead, then it was a successful execution.
He raped and killed a baby. He deserved what he got.

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1 reply
jdc121164 jubiejewels April 30 2014 at 8:39 AM

and then some!

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Steve April 30 2014 at 8:27 AM

I am sure their victims would disagree with his attorney they never got to choose how they died!!

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