Michigan, Indiana - An Indiana man, convicted of killing a police officer in 2000, will receive a fatal injection earlier Tuesday in the state's second execution in 15 years.
Benjamin Ritchie, 45, has been on death row for more than 20 years after being convicted of a fatal shooting of Beech Grove policeman Bill Toney during his footsteps.
Ritchie plans to execute at the Michigan-based Indiana prison “Sunrise Hour” unless there is a last-minute court lawsuit, according to state officials.
Indiana resumed the death penalty in December due to a lack of lethal injections nationwide. Prison officials provided photos of the executive room before Joseph Corcoran's execution, showing a sparse operating room with gurney, fluorescent lighting, floor gutters and adjacent viewing rooms. They provide additional details about the process, including the time of execution.
Of the 27 states with death penalty laws, Indiana is one of two states that release media witnesses. Another in Wyoming has carried out an execution over the past half century. The Associated Press and other media organizations have filed federal lawsuits with Indiana seeking media access.
Tuesday's execution in Indiana is scheduled to be 12 of eight states this year. Ritchie's execution, along with two more in Texas and Tennessee, will be held this week.
Ritchie and others were only 20 when they stole a van in Beech Grove, near Indianapolis. He then shot Tony four times while chasing his footsteps, killing him.
At that time, Ritchie was suspended for burglary in 1998.
Toney, 31, worked for two years at the Beech Grove Police Department. He was the first police officer, with about 30 officers killed during his duties. The 14,000-person community mourns the fathers of two married fathers, who are a neighbor, who show up to help others.
When Toney died, “Every one of us was involved, including Bill, who stole something from them that they would never come back,” said Deputy Police Chief Tom Hurrle, who worked with him.
Relatives spoke at last week's leniency hearing, urging enforcement.
"It's time. We're all tired," said Dee Dee Horen of Tony's wife. "It's time for me to have my story, our story, closed this chapter. It's time for us to remember Bill, remember Bill's life, not his death."
Ritchie's attorneys fought the death penalty and believed his legal counsel was invalid at the trial because his attorney failed to conduct a comprehensive investigation into his fetal alcohol disease and child lead-lead exposure and provide evidence.
Current defense attorneys say Ritchie suffered “severe brain damage” as his mother abused alcohol and drugs during pregnancy and struggled with decision-making. He was also diagnosed with bipolar disorder in 2005.
"He finally got some coping skills. He was a different person," said defense attorney Steven Schutte.
Republican Gov. Mike Braun rejected Ritchie's tricky bid last week, such as the parole board's recommendation. Braun did not explain his decision, but board members said Ritchie's case did not meet attorneys for commuting judgments and listed more than a dozen violations during Ritchie's jail time, including threatening violence to others.
The Indiana Supreme Court denied a request to stop the execution, but two judges noted that the jury did not get accurate information about Ritchie's brain damage.
Ritchie's lawyers challenged the Federal Court and have filed a petition to the U.S. Supreme Court.
Disabled rights advocates say Ritchie’s brain damage should exclude him from the death penalty.
Dr. Megan Carter said in a statement that Ritchie’s “ability to fully appreciate his ability to act misconduct was compromised in the event of crime.”
The lawyer said Ritchie had changed in the past twenty years after jail and expressed remorse.
Ritchie smiled at Horen in a young courtroom and smiled as she read the verdict.
He told the parole board that he deeply regretted his actions, especially how he acted with Tony's legacy.
"I wish I could go back to the day in court because the man's wife should say everything she needs to say to me, and the punk boy should shut up and let her say what she needs to say." "That's her right. That's his family's right."
Ritchie spent his last days visiting from friends and family. Under state law, he was executed can allow up to five witnesses, including lawyers and friends.
"I ruined my life and other people's lives and I'm so sorry for that night," he told the parole board earlier this month. "You can't take back what you did."