Tag Archives: gary gilmore

1962: Mack Merrill Rivenburgh cheats the executioner

Posted on by

On this date in 1962, just hours before he was to face a firing squad for the murder of a fellow inmate, Mack Merrill Rivenburgh cheated the executioner with a fatal drug overdose.

It was the final escape for a prisoner who had had a lot of them: five previous stays had scotched scheduled executions, sometimes with just hours to spare, back when such stays were anything but routine. The state’s Pardons Board was a long time mulling the case.

Rivenburgh’s own suicide note complained that he was “tired of waiting, tired of the excessive delays,” which is an interesting reason to take one’s own life just before the executioner was going to do it anyway. (Rivenburgh also asserted his innocence.)

Actually, Utah had built wooden execution chairs for two men set for death a September 14 death by musketry, but didn’t manage to seat either inmate.

The other, Jesse Garcia — condemned for helping Rivenburgh slay LeRoy Varner — was granted a commutation on the evening of September 13.

As it turned out, Utah would not put another criminal to death until Gary Gilmore in 1977.

On this day..

1996: John Albert Taylor, the last American to face a firing squad

Posted on by

Moments past midnight on this date in 1996 five anonymous marksmen fired four .30-.30 caliber rounds (one rifle had blanks, a balm to the shooters’ consciences) into the heart of Utah rapist John Albert Taylor: the last use to date of a firing squad in the United States. (Update: Not anymore.)

Actually, he’s the only person put to death by shooting under the modern American death penalty regime besides Gary Gilmore.

Like Gilmore, Taylor voluntarily dropped his appeals and sought his own execution for the 1989 rape-murder of Charla Nicole King. A confidante would later reveal that health problems led him to do so in preference to the feared alternative of dying alone in his cell.

As he chose death, so he chose the method: not a clinical, forgettable lethal injection, but the discomfiting tableau of the target pinned over his heart, the protective sandbags stacked up behind him, and the tray of blood beneath the chair he was strapped into. Taylor said he wanted to make a statement. (And that he feared “flipping around like a fish out of water” on an injection gurney, his other option in Utah.)

The reclusive Taylor denied the crime to the end, but never found many takers for the story he was selling — that he’d just so happened to leave his fingerprints on the phone cord later used to strangle the prepubescent girl in the course of committing an unrelated robbery. It didn’t help that Taylor had raped his own sister when she was 12.

For the national and international media circus — British, Australian, Japanese, German, Italian, French, and Spanish media all represented — the story was the anachronistic method of execution, right out of the Wild West.

That story doesn’t have many rounds left in the chamber, as it were. In 2004, Utah succumbed to pressure to change its execution method to lethal injection alone. Though the firing squad is technically on the books in Idaho (at the discretion of the state, not the prisoner) and Oklahoma (as a backup option to lethal injection), it’s vanishingly unlikely to be used in either state.* That leaves just a few of the pre-2004 Utah prisoners grandfathered into the option to supplant John Albert Taylor for the distinction of suffering the last firing squad execution in American history.

That’s a “last,” but given our bloggy medium, we would be remiss not to notice a milestone “first” that also attended Taylor’s death.

According to the Deseret News (Jan. 26, 1996), the ACLU sponsored an America Online chat with anti-death penalty actor Mike Farrell during the hours leading up to and following this execution — “the first-ever death-penalty vigil in cyberspace.”

* Predominantly Mormon Utah has been the firing squad’s last redoubt thanks to the sect’s “blood atonement” theology. (As seen in its pioneer days.) According to the Espy file (pdf) of historical U.S. executions, the last American execution by shooting not to occur in the state of Utah was that of Andriza Mircovich in Nevada back in 1913. (Oklahoma used the firing squad routinely in the 19th century.)

Part of the Daily Double: Throwback Executions.

On this day..

1977: Gary Gilmore

Posted on by

On this date in 1977, Gary Gilmore uttered the last words “Let’s do it” and was shot by a five-person firing squad in Utah as the curtain raised on a “modern” death penalty era in the United States.

Famous for volunteering for death — he had nothing but disdain for his outside advocates and angrily prevented his own lawyers pursuing last-minute appeals — Gilmore rocketed through the justice system at a pace now unthinkable.

Mere days after courts blessed the resumption of executions in 1976, the career criminal — just paroled from a decade mostly behind bars in Oregon — murdered two people in the Provo, Utah, area. He was convicted in a three-day trial in October 1976 … and dead little more than three months later.

Owing to his milestone status and the unfamiliar public persona he cut insisting on his own death, Gilmore left a trail of cultural artifacts far surpassing his personal stature as small-time crook.

He was lampooned in an early episode of Saturday Night Live. His public desire to donate his eyes (the wish was granted) inspired a top-20 punk hit:

Norman Mailer wrote a book about Gilmore (The Executioner’s Song) and adapted it into an award-winning television movie. Gary’s brother Mikal published his own memoir (Shot in the Heart), later made into an HBO movie.

In a weirder vein, Gilmore is the touchstone for the surrealistic film Cremaster 2, in which magician Harry Houdini — who might have been Gilmore’s grandfather — is portrayed by Norman Mailer.

Gary Gilmore’s was the first execution of any kind in the United States since June 2, 1967. According to the Espy file, it was also the first firing squad execution since James Rodgers was shot in Utah March 30, 1960; only one of the other 1,098 men and women put to death since Gilmore — John Taylor in 1996, also in Utah — faced a firing squad. (Update: After this post was published, another Utah condemned man also opted for a firing squad execution: Ronnie Lee Gardner, shot in 2010.)

Both Gilmore and Taylor chose to be shot in preference to hanging. The firing squad is all but extinct in the U.S., though it still remains on the books in some form in Idaho, Oklahoma and (for prisoners convicted before 2004) Utah.

Part of the Themed Set: The Spectacle of Private Execution in America.

On this day..