WEST JORDAN, Utah — A judge has signed a death warrant for condemned killer Ralph Leroy Menzies, setting his execution for Sept. 5.
"Mr. Menzies' appeal of the court order finding him competent is not a basis… to stay execution," 3rd District Court Judge Matthew Bates said.
Menzies is facing the death penalty for the 1988 kidnapping and murder of Maurine Hunsaker. She was taken from her job at a convenience store and tied up in Big Cottonwood Canyon. Her throat was slit.
"I'm preparing to go see someone’s life being taken from them," Hunsaker's son, Matt, told reporters outside of court. "This is going to be a humane sort of way. His life will be over in mere seconds. My mom? We don’t know how long she stood there and suffered in that grove, how long she bled to death, how long, she felt and knew."
Menzies' lawyers have argued that he has dementia and cannot be executed under the Constitution. Arguments on Wednesday focused on a new request that claims his medical condition has worsened.
"Mr. Menzies is a 67 year old man that is suffering from escalating dementia. He’s tethered to a wheelchair and oxygen tank. He’s not competent. This has gotten worse over the last year," his lawyer, Eric Zuckerman, told FOX 13 News outside of court.
Judge Bates did not rule out halting proceedings in the future based on a new petition for competency filed by his defense team. He ordered arguments to be heard on that issue later this month. Zuckerman insisted his client has a terminal illness and is unable to comprehend what is happening with his legal case now.
Zuckerman said they intend to seek clemency from the Utah Board of Pardons & Parole and an appeal has been filed with the Utah Supreme Court.
"We remain hopeful that the courts or the clemency board will recognize the inhumanity of taking a man like him into the death chamber, taking him out of his wheelchair and executing him. It's wrong and Utah can do better," he said.
But the Utah Attorney General's Office believes the judge made the correct decision.
"Given the arguments, the statutes presented today, we have full confidence in the court’s ruling," assistant Utah Attorney General Daniel Boyer told reporters.
Hunsaker said his family has waited 39 years for justice in the case. He did not believe Menzies is incompetent to be put to death.
"The process has taken a long time. It's hard to swallow that it's taken this long. It does hurt," he said.
Menzies has opted to die by firing squad.
