BOISE, Idaho — Serial killer Thomas Creech, Idaho's longest standing death row inmate was set to be executed on Wednesday. However, medical staff were unable to establish a vein to insert the IV line for the lethal injection, according to Idaho Department of Corrections (IDOC).
As a result of the failed execution, Creech's death warrant will expire.
Thomas Eugene Creech is an accused serial killer, who claimed to have killed as many as 42 people. Authorities focus on 11 deaths involving Creech, with murders happening all over the country. He's been convicted of 5 murders. Tuesday's failed execution attempt brought Creech's number of avoided executions to 12.
"We will not make further attempts on this death warrant," said Josh Tewalt, Idaho Department of Correction director.
The medical staff in charge of Creech's lethal injection procedure made their first attempt to locate a vein at 10:11 a.m. The final attempt to establish a vein was made at 10:58 a.m.
"The team attempted eight times through multiple limbs and appendages," Tewalt said in reference to the medical staff's attempts to establish and IV line.
"At one point, the injector stepped out to get more needles," said KTVB's Brenda Rodriguez who was present for the execution in a witness chamber. "They were a little shaky."
Rodriguez noted that Creech made several comments prior to his initial injection, at one point murmuring, "I'm sorry." After a few attempts of inserting the IV, Creech followed up with, "I love you," while addressing his family.
"His eyes were glued to his family. He was strapped to the gurney, and he just kept his eyes on his family," Rodriguez said.
"Every time an IV was inserted there were noticeable snoring noises, and he would twitch. It didn't seem like he was in pain though," Rodriguez recounted.
Tewalt said in a statement that the medical team assigned to execute Creech had extensive, sufficient training, even practicing establishing an IV on Tewalt himself.
"What they [medical team] encountered was an access issue...they were not confident in their abilities to enter the chemicals through the IV site," Tewalt stated. "I think it would be wrong to call it a failure. They did their best; they did the right thing in stopping their efforts. It was not only an access issue, but a quality issue."
"From a protocol standpoint, the preferred method is to establish a peripheral line," Tewalt said.
Tewalt explained that Idaho law allows for only two methods of execution. Those are execution by lethal injection and firing squad. Another method is execution by nitrogen gas, a method recently used on an inmate on death row in Alabama when his execution by lethal injection failed.
He then added that Idaho does "not have the physical capabilities to carry out a firing squad."
When asked about urgency of using the lethal injection chemicals before they expire Tewalt stated, "our objective is to carry out an execution with dignity, professionalism and respect, not dates on chemicals." He added that the State of Idaho will not violate the 8th Amendment of the U.S. Constitution, which prohibits the government from imposing cruel and unusual punishment.
"At this point, we are planning to allow the death warrant to expire," Tewalt concluded.
Following the failed attempts, all witnesses were escorted out of the room before Creech was removed and returned to his cell.
Tanya Wyrick, the granddaughter of one of Creech's victims, called the failed execution "devastating."
"It just keeps dragging out," she said. "It's hard for the family."
Execution timeline according to witnesses:
Associated Press's Rebecca Boone, KTVB's Brenda Rodriguez and Idaho Statesman's Scott McIntosh and KIVI's Roland Beres recounted what they witnessed in the execution witness chamber.
9:50 a.m. - Media witnesses brought into execution chamber's witness room.
9:55 a.m. - Creech witnesses brought into separate witness room.
9:59 a.m. - Faint pounding was heard from outside the room, no indication of what pounding noises were.
10 a.m. - Warden, director and correction officers enter room, following by 6-person escort team, who brought Creech into the room. Creech was already strapped onto the gurney.
10:03 a.m. - Creech on his gurney were put into position and covered with a white sheet. Creech then made eye contact with his family members in the witness chamber, making a subtle wave with his fingers that were allowed movement while arms were firmly strapped to the gurney.
10:04 a.m. - Medical team begins assessment, applied EKG to monitor heart rate, prepared right arm for IV injection.
10:06 a.m. - Creech mumbled, "I'm sorry," to his family.
10:11 a.m. - Medical team establishes first IV.
10:13 a.m. - First IV attempt was deemed unsuccessful by medical staff. First attempt was in the right arm, then the hands and left arm, before staff moved to legs to establish IV injection site.
10:31 a.m. - Medical team noticed injection supplies were running low and stepped out of the room to obtain medical equipment including needles. Tewalt later said the team left the room to get "smaller gauge catheters."
10:32 a.m. - Creech mumbled, "I love you," to his family members waiting in the nearby witness chamber,
10:54 a.m. - Creech lifted head and looked at medical team saying, "my legs hurt a bit."
10:57 a.m. - Idaho Warden Tim Richardson and Tewalt stepped aside and held an unidentifiable conversation.
10:58 a.m. - Formal announcement made stating that the execution would be halted.
Following the announcement - Creech looked at his family, waved, closed his eyes and shook his head, according to witnesses. Witnesses within the chambers were then escorted out, before Creech was removed from the room.
At approximately 11 a.m., a news release from IDOC read:
Mr. Creech will be returned to his cell and witnesses will be escorted out of the facility. As a result, the death warrant will expire.
Creech’s attorneys immediately filed a new motion for a stay in U.S. District Court.
At approximately 11:30 a.m., the Federal Defender Services of Idaho issued the following statement:
"We are angered but not surprised that the State of Idaho botched the execution of Thomas Creech today. This is what happens when unknown individuals with unknown training are assigned to carry out an execution. This morning, they tried and failed 10 times to access Tom’s veins in both of his arms and both legs so they could inject him with the State’s mysteriously acquired pentobarbital. This is precisely the kind of mishap we warned the State and the Courts could happen when attempting to execute one of the country’s oldest death-row inmates in circumstances completely shielded in secrecy despite a well-known history of getting drugs from shady sources. Yesterday, the State called Mr. Creech’s worries “patently absurd” in its motions to the U.S. Supreme Court. Unfortunately, what is absurd is Idaho’s continuing efforts to kill this harmless old man, who by this point surely has suffered enough."
Creech was initially sentenced after the murders of two house painters near Donnelly in 1974 and given the death penalty. Then, in 1976, the U.S. Supreme Court barred automatic death sentences, converting his sentence to life in prison.
While in jail, Creech attacked and killed his cellmate in 1981, David Jensen, a disabled man who was serving time for car theft. It was this murder that eventually earned Creech the death sentence.
Creech has spent nearly half a century behind bars and has been scheduled for execution 11 times, now 12.
Creech's most recent death warrant was served on Jan. 30 of this year, and documents from the Idaho Department of Correction (IDOC) outline the process leading up to the execution. The documents state that since Creech was issued the death warrant, he has been staying in an isolation cell and only able to speak with spiritual advisors and immediate family.
Creech's legal team appealed to the Supreme Court on Monday, asking for a review of his case. They argue that prosecution presented evidence that was false, and the defense team wants the Supreme Court to review the Ninth Circuit Court's previous decision.
Donna and Roger Boe, who met Creech more than a decade ago through Donna's church and work as a state representative, hope he continues to live.
"When is his punishment going to end," Roger said. "[His life] is of great value to many people; it was a value to other prisoners; it was a value to even the guards who took care of him all these years. It was certainly of great value to his wife, who has been so loyal and helpful to him."
If the Attorney General's Office wants another death warrant, Jim Harris, former Ada County Prosecutor, said their attorneys will have to start from ground zero. Harris prosecuted Creech for Jensen's murder in 1981.
"Starting in district court in Boise and then going to the appellate court ... and then going potentially all the way to the Supreme Court in Washington, DC.," he said. "So, I mean, this thing could drag on longer than he does, let's put it that way."
Creech should live out the rest of his life on death row, Harris said. He just does not want Creech's sentence lowered to life in prison.
Harris said he would rather the state execute Creech than allow him to rejoin the general population and risk the lives of other inmates.
Reactions to the unsuccessful execution of Creech
Live Updates:
11:09 a.m. - IDOC released the following information:
"At approximately 11am, Director Tewalt, after consulting with the medical team leader, determined that the medical team could not establish an IV line, rendering the execution unable to proceed. Mr. Creech will be returned to his cell and witnesses will be escorted out of the facility. As a result, the death warrant will expire. The State will consider next steps. Director Tewalt and State witnesses, to include the media, will be arriving in the media center shortly for a brief press conference."
10:00 a.m. - Execution process begins. IDOC released the following statement:
"As of approximately 10am, all witnesses to the execution have been briefed on the process and provided with a rough timeline for the process. They have been escorted from the administrative area of IMSI to the execution chamber viewing area. They are now seated in viewing, and we expect the execution to start momentarily."
The list of witnesses was also released from IDOC:
State Witnesses:
- Jan Bennetts, Ada County Prosecutor
- Dodds Hayden, Board of Correction
- Jared Larsen, Governor’s office
- Matt Clifford, Ada County Sheriff
- Raul Labrador, Attorney General
- Phil Skinner, AG Chief of Staff
Media Witnesses:
- Brenda Rodriguez, KTVB
- Rebecca Boone, Associated Press
- Roland Beres, KIVI
- Scott McIntosh, Idaho Statesman
9:45 a.m. - Witness are briefed and brought into the viewing chamber.
9:34 a.m. - More protestors have arrived; media coverage has ramped up.
9:05 a.m. - Based on footage from KTVB's cameras, roughly 8 protestors have arrived so far.
9:00 a.m. - Protestors beginning to arrive at Idaho's Maximum-Security Institution.
8:00 a.m. - The U.S. Supreme Court has denied the writ of certiorari, meaning the execution will continue as scheduled.
8:00 a.m. - IDOC issued the following statement:
"Today, the IDOC is set to carry out the execution of Thomas Creech at approximately 10am. Last night, Mr. Creech visited with his wife throughout the evening. Additionally, his religious advisor spent an hour with him this morning. Mr. Creech had fried chicken, mash potatoes with gravy, corn, rolls, and ice cream for his last meal. Mr. Creech has remained cooperative in the days leading up to the execution."
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