MICHIGAN CITY, Ind. (AP) 鈥 An Indiana man convicted in the 2000 killing of a police officer is set to receive a lethal injection early Tuesday in the state鈥檚 second execution in 15 years.
Benjamin Ritchie, 45, has been on death row for more than 20 years after being convicted in the fatal shooting of Beech Grove Police Officer Bill Toney during a foot chase.
Unless there鈥檚 last-minute court action, Ritchie is scheduled to be executed 鈥渂efore the hour of sunrise鈥 at the Indiana State Prison in Michigan City, according to state officials.
Indiana resumed in December after a yearslong hiatus due to scarcity of lethal injection drugs nationwide. Prison officials provided photos of the execution chamber in advance of , showing a space that looks like a sparse operating room with a gurney, fluorescent lighting, a floor drain and an adjacent viewing room. They have offered few other details about the process, including the time the executions take place.
Among 27 states with death penalty laws, that bars media witnesses. The other, Wyoming, has conducted one execution in the last half-century. The Associated Press and other media organizations have in Indiana seeking media access.
The execution Tuesday in Indiana is 12 scheduled in eight states this year. Ritchie’s execution and two others in Texas and Tennessee will be carried out this week.
The 2000 fatal shooting of a police officer
Ritchie was 20 when he and others stole a van in Beech Grove, near Indianapolis. He then fired four shots at Toney during a foot chase, killing him.
At the time Ritchie was on probation from a 1998 burglary conviction.
Toney, 31, had worked at the Beech Grove Police Department for two years. He was the first officer of the police department of roughly 30 officers to be killed by gunfire in the line of duty. The community of 14,000 people mourned the married father of two as a neighborly person who showed up to help others.
When Toney died, 鈥淓veryone of us involved, including Bill, had something stolen from them that they鈥檒l never get back,” said Deputy Police Chief Tom Hurrle, who worked with him.
Relatives spoke at a clemency hearing last week, urging for the execution to move forward.
鈥淚t鈥檚 time. We鈥檙e all tired,鈥 said Dee Dee Horen, who was Toney鈥檚 wife. 鈥淚t is time for this chapter of my story, our story, to be closed. It鈥檚 time for us to remember Bill, to remember Bill鈥檚 life, and not his death.鈥
Appealing a death sentence
Ritchie鈥檚 attorneys have fought the death penalty sentence, arguing his legal counsel at trial was ineffective because his lawyers failed to fully investigate and present evidence on his fetal alcohol spectrum disorders and childhood lead exposure.
Current defense attorneys say Ritchie suffered 鈥渟evere brain damage鈥 because his mother abused alcohol and drugs during pregnancy and has struggled with decision-making. He was also diagnosed with bipolar disorder in 2005.
鈥淗e鈥檚 finally come to have some coping skills. He鈥檚 a different man,鈥 said defense attorney Steven Schutte.
Republican Gov. Mike Braun rejected Ritchie’s clemency bid last week as the parole board recommended. Braun didn’t explain his decision, but board members said Ritchie’s case didn’t meet the bar for commuting a sentence and cited a dozen violations during Ritchie鈥檚 time in prison, including threatening others with violence.
The Indiana Supreme Court denied a request to stop the execution, but two justices noted the jury didn鈥檛 get accurate information about Ritchie鈥檚 brain damage.
Ritchie’s attorneys are challenging that decision in federal court and have also filed a petition with the U.S. Supreme Court.
Disability rights advocates say Ritchie鈥檚 brain damage should exclude him from the death penalty.
Ritchie鈥檚 鈥渃apacity to fully appreciate the wrongfulness of his conduct鈥 was “impaired at the time of his crime,鈥 Dr. Megan Carter, who also testified before the parole board, said in a statement.
Expressing regret and awaiting execution
Attorneys say Ritchie has changed during his more than two decades behind bars and shown remorse.
In court as a young man, Ritchie smiled at Horen and laughed as the verdict was read.
He told a parole board he deeply regrets his actions, especially how he acted with Toney’s widow.
鈥淚 wish I could go back to the day in court, because that man鈥檚 wife deserved to say everything she needed to say to me, and that punk kid should have just kept his mouth shut and let her say whatever she needed to say,” Ritchie said. 鈥淭hat was her right. That was his family’s right.鈥
Ritchie has spent his last days getting visits from friends and family. Under state law, he’s allowed up to five witnesses at his execution, which will include attorneys and friends.
鈥淚鈥檝e ruined my life and other people鈥檚 lives, and I鈥檓 so sorry for that night,鈥 he told the parole board earlier this month. 鈥淵ou can鈥檛 take back what you did.鈥
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Tareen reported from Chicago. Associated Press writer John O鈥機onnor contributed from Springfield, Illinois.
