A Halt in Executions
As of December 31st, 1976, there had been no executions in the USA for nine and a half years, after the Supreme Court suspended the death penalty in 1968. The previous execution was that of 48-year-old Luis Jose Monge, who was put to death in Colorado’s gas chamber on June 2nd, 1967.
In the landmark case of Furman v. Georgia in 1972, the Supreme Court invalidated all states’ death penalty statutes on the grounds of arbitrariness. As a result, states had to rewrite their statutes.
The new guidelines allowed for the introduction of aggravating and mitigating factors at the sentencing phase of trials. These revised statutes were approved in 1976 in the case of Gregg v. Georgia, clearing the way for a resumption of executions.
The First Post-Furman Execution
The first execution following Furman took place the following year amid intense worldwide media interest.
On Monday, January 17th, 1977, 36-year-old Gary Mark Gilmore was put to death by firing squad in Utah. Gilmore’s execution was voluntary, and he campaigned vigorously to be allowed to die. The American Civil Liberties Union (ACLU), among other groups, fought just as strenuously to prevent the execution, seeing it as “opening the floodgates” for future ones.
Utah Governor Scott Matheson wished to grant a stay but found he lacked the power to do so. The ACLU persuaded U.S. District Court Judge Willis Ritter to grant a stay just seven hours before the scheduled execution.
This prompted Robert B. Hansen, the Utah Attorney General, and officials from his office to fly to Denver, Colorado, where they successfully overturned Ritter’s ruling via the 10th Circuit Court of Appeals—just eight minutes before Gilmore was due to die. ACLU lawyers in Washington, D.C. attempted last-minute appeals to the U.S. Supreme Court, but these were dismissed.
The Execution Setup
For the first time in Utah, an execution was to take place in secrecy, within the grounds of the Utah State Prison at Point of the Mountain near Salt Lake City.
In one corner of a disused cannery building, an old office armchair had been set up on a small stage. Behind it stood a sheet of plywood, a mattress, and sandbags to prevent bullets from ricocheting. Twenty-six feet in front of it was a sailcloth screen with five 2½ x 6 inch rectangular openings concealing the firing squad. A sixth opening—3 inches square—was for the squad leader to signal the moment to fire.
Inside the screened area, a wooden rail was set up for the squad members to rest their rifles on. The squad consisted of anonymous volunteers from police and corrections officers.
Gilmore chose shooting over hanging, fearing that the latter might be botched. He requested to die standing and without a blindfold or hood, but both requests were denied.
The Final Hours
Gilmore was given a final breakfast of eggs, hamburger, potatoes, and coffee. At 7:53 a.m., he was taken from his cell in the maximum security block by prison van for the half-mile journey to the execution area.
The execution was to be witnessed by Warden Sam Smith, several corrections officers, the State Medical Examiner, and four witnesses of Gilmore’s choosing: his uncle Vern Damico, film producer Larry Schiller, and his two attorneys, Ronald Stanger and Robert Moody. A fifth witness was to be his girlfriend, Nicole Barrett, but she had been admitted to a mental hospital following a suicide attempt (see later).
Journalists were not permitted to view the execution and had to wait in an adjacent area of the prison complex.
The witnesses were driven to the execution room, where Gary was already seated and secured with nylon straps. He was allowed a few moments to speak with each of them. All witnesses were offered cotton wool to use as earplugs.
“Let’s Do It”
Gary sat very still while Warden Smith read the execution order. He looked over at the screen concealing the shooters—possibly hoping to see Nicole.
After the death warrant was read to him, he was asked if he had anything to say. He uttered the now-famous line: “Let’s do it.”
Father Thomas Meersman, the Catholic chaplain, administered the last rites. A black hood was then drawn over Gary’s face (this is visible on the back of the screen behind the chair in the photo). Gary said to Fr. Meersman, “Dominus vobiscum” (“The Lord be with you”), to which the priest replied, “Et cum spiritu tuo” (“And with your spirit”), while the doctor pinned a white target over his heart.
The Execution
Gary was shot at 8:05 a.m. (9:05 a.m. CST) by five volunteers using Winchester Model 94 lever-action repeating rifles, loaded with Winchester Silver Tip 150-grain .30-30 caliber cartridges. Only four rifles were loaded with live ammunition; the fifth contained a blank, so the shooters would not know who fired the fatal shots.
As the volley struck, his body moved slightly. His head turned to the left, and his hands moved. Blood oozed from under his black T-shirt, ran down onto his white pants, and pooled on the floor. After 20 seconds, all movement ceased. The prison doctor checked for a heartbeat and pulse.
Ken Shulsen, administrative assistant to the director of the Department of Corrections, announced the execution to waiting journalists: “The order of the 4th Judicial Circuit has been carried out.”
Public Response
Outside the prison, about 60 death penalty opponents stood in silence in 20-degree temperatures. Many had been there all night. Similar vigils were held in other parts of the United States.
Autopsy and Aftermath
Dr. Serge M. Moore, Utah’s Chief Medical Examiner, conducted the autopsy at 10:45 a.m., which lasted three hours. He told reporters that all four bullets had hit Gilmore’s heart within two inches of each other, and that death occurred within two minutes. A witness reported seeing movement for 15–20 seconds after the shots, during which time Gary appeared to be breathing.
In accordance with Gilmore’s wishes, his corneas, pituitary gland, liver, and kidneys were donated for medical research.
Vern Damico told reporters, “He got his wish. He did die, and he died with dignity.” After the autopsy, Damico claimed Gary’s body for cremation. His ashes were scattered over Provo, where he had been living.
Reactions and Controversy
Utah Attorney General Robert B. Hansen stated, “Justice has been served. No death can be elevating and there is much sadness when anyone dies. But I am definitely more sorrowful about the two victims’ families than the fact that Mr. Gilmore is no longer alive.”
Henry Schwarzschild, New York coordinator of the National Coalition Against the Death Penalty and director of the ACLU Capital Punishment Project, issued a statement accusing Mr. Hansen of being an accomplice to judicial homicide. True to form, death penalty opponents like Schwarzschild made no mention of the two innocent victims or their families. He also claimed Hansen should be held in contempt of court for allowing execution preparations to proceed after Judge Ritter had granted a stay.
Gary Gilmore’s Crimes
Gilmore had been convicted of the murder—by shooting with a .22 caliber Browning automatic pistol—of Provo motel clerk Bennie Bushnell, aged 26, on July 20th, 1976. He was sentenced to death on October 7th, 1976, after a three-day trial.
He was also responsible for the murder of 24-year-old gas station attendant Max Jensen the previous day in Orem, though he was not tried for this crime. He confessed to it in a letter to his girlfriend, Nicole Barrett.
Both murders occurred during armed robberies and were entirely unnecessary. At the time, Gilmore was on parole from a 12-year sentence for armed robbery. Gary was known for his impatience—both in committing his crimes (intended to get money to buy a truck) and in seeking his own execution.
Suicide Attempts and Delays
On November 1st, 1976, Gary told sentencing judge Robert Bullock of the Fourth District Circuit: “You sentenced me to die. Unless it is a joke or something, I want to go ahead and do it. It’s my decision.”
The execution was initially scheduled for November 15, 1976, but was stayed by the governor, who referred it to the Utah Board of Pardons. A second date of December 6th was also stayed when Gary’s mother filed an appeal with the Supreme Court.
On November 16th, both Gary and Nicole attempted suicide in a drug overdose pact. Both survived. Gary later made a second suicide attempt.
Cultural Impact
His execution, which made headlines worldwide, was graphically portrayed in Norman Mailer’s book and the subsequent film The Executioner’s Song, starring Tommy Lee Jones as Gary. The execution scene is particularly well done. The full film is available on YouTube and is recommended.
It was the first execution in Utah since 1960, when James W. Rogers was shot for killing a fellow miner in San Juan County.
Resumption of Executions in the U.S.
Although executions resumed in 1977, the pace was initially slow, with only six carried out between January 1977 and July 1982. Notably, four of the first six were voluntary (marked with a “v” in the table below).
| No. | Date | Name | State | Method |
|---|---|---|---|---|
| 1v | 01/17/77 | Gary Mark Gilmore | Utah | Firing Squad |
| 2 | 05/25/79 | John Arthur Spenkelink | Florida | Electrocution |
| 3v | 10/22/79 | Jesse Walter Bishop | Nevada | Lethal Gas |
| 4v | 03/09/81 | Steven Timothy Judy | Indiana | Electrocution |
| 5v | 08/10/82 | Frank James Coppola | Virginia | Electrocution |
| 6 | 12/07/82 | Charlie Brooks Jr. | Texas | Lethal Injection |
| 7 | 04/22/83 | John Louis Evans | Alabama | Electrocution |
| 8 | 09/02/83 | Jimmy Lee Gray | Missouri | Lethal Gas |
With the exception of Texas, states continued to use their previous method of execution. Texas adopted lethal injection from the outset.
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