Bill to use firing squad as state’s primary execution method advances

BOISE — A bill establishing firing squads as Idaho’s primary method of execution has advanced to the Senate floor.

On Wednesday, Senate Judiciary and Rules Committee members voted 6-3 to advance HB 37, a bill which would replace lethal injection with death by firing squad as Idaho’s primary execution method for death row inmates. Currently, the firing squad is Idaho’s secondary method.

Sen. Doug Ricks, R-Rexburg, presented the bill, which he said would use a more effective method than lethal injection.

“I think it’s a pretty sure method,” Ricks said. “It’ll be much more sure than lethal injections.”

Supporters of the bill focused their arguments on efficiency. LaMont Anderson, a deputy attorney general in the Idaho Attorney General’s Office capital litigation unit, argued there would be less litigation surrounding executions. He cited the existing death row case of Thomas Creech, who had a scheduled execution but it was called off after multiple attempts at lethal injection failed.

“Their caseloads are simply too large, their decisions take too much time,” Anderson said. “As I said in the case of Creech, an Arizona judge is now hearing his three methods of execution cases.”

Several committee members voiced objections to the bill, with much of their debate centered on the reality of how potential executions would be done. Public testimonies primarily revolved around the ethics of the death penalty in general.

Senate Assistant Minority Leader James Ruchti, D-Pocatello, an attorney, discussed the lack of data on firing squads as an inmate execution method, and the potential for litigation the bill could bring.

“I don’t have the confidence that Mr. Anderson does that this method will result in less litigation,” Ruchti said. “We don’t have a lot of data to show that you won’t have botched executions. There have only been three of these firing squad executions since 1976.”

Senate Minority Leader Melissa Wintrow, D-Boise, expressed her concerns about the lack of information on how executions would be conducted.

“I don’t have a clear understanding of what would take place,” Wintrow said. “Are there rifles used, are there not? What does happen? Who can see it? I know we’ve allocated almost a million dollars so far for this chamber to do it but I think if we’re going to vote on that, we need to know clearly how it’s done, what’s going to happen, what could be plan B if it doesn’t work. … That just deserves a more thorough discussion.”

Sen. Dan Foreman, R-Moscow, also voted against the bill on similar concerns.

HB 37 now heads to the Senate for a vote. Having already passed the House, the bill would go to the governor’s office for signature if approved by the Senate.

Schwicht may be contacted at newsroom@idahopress.com.