SALT LAKE CITY — A judge has ruled that condemned killer Ralph Leroy Menzies is competent to be executed.
In a ruling handed down late Friday, 3rd District Court Judge Matthew Bates declared that while Menzies has dementia, he is competent enough to understand what is happening and to be put to death.
"Having considered the evidence presented at the hearing and the arguments of the parties, the Court concludes that Menzies has not shown by a preponderance of the evidence that he is incompetent to be executed," Judge Bates wrote in the order.
The ruling is a significant step in a case that has been going since 1988, when Maurine Hunsaker was kidnapped from her job at a convenience store in Kearns. She was tied to a tree in Big Cottonwood Canyon and her throat was slit.
"We are pleased to know that justice is going to be served for my mom and that Ralph Menzies is not going to skirt facing the justice that he deserves. It’s in a very emotional time for the entire family," Hunsaker's son, Matt, told FOX 13 News in a text message. "We’re grateful for all the work that the courts done to get this out sooner than later we look forward to the next step of hopefully a court hearing next week to get a death warrant signed to move this along. It’s been a very emotional evening for all of us and we thank everybody for their support and love at this time."
Menzies' lawyers have argued that he has dementia and therefore cannot be executed under the Eight Amendment of the U.S. Constituion. Judge Bates said neither side disputes the diagnosis, but the state of Utah argued that he can be put to death.
"Six of the seven doctors who provided evidence in this case diagnosed Menzies with a neurological disorder due to vascular factors, ranging from mild to severe," Judge Bates wrote.
But the judge disagreed with an assertion by Menzies' lawyers that he was incompetent.
"Menzies has presented evidence through his experts that he has experienced cognitive decline associated with vascular dementia. But Menzies has not shown by a preponderance of the evidence that his understanding of his specific crime and punishment has fluctuated or declined in a way that offends the Eighth Amendment. Rather, the evidence admitted at the hearing supports a finding that, despite his cognitive decline, Menzies consistently and rationally understands the reasons for his death sentence," the judge said.
In an email to FOX 13 News, Menzies' lawyers said they intended to appeal Judge Bates' ruling to the Utah Supreme Court.
"Ralph Menzies is a severely brain-damaged, wheelchair-bound, 67-year-old man with dementia and significant memory problems. He cannot understand the State’s reasons for his execution. His dementia is progressive and he is not going to get better," his attorney, Lindsey Layer, wrote. "It is deeply troubling that Utah plans to remove Mr. Menzies from his wheelchair and oxygen tank to strap him into an execution chair and shoot him to death."
The Utah Attorney General's Office is expected to file a death warrant soon. Menzies previously has elected to die by firing squad under Utah law.
"Our hearts today are with the family of Maurine Hunsaker and we are committed to seeking justice for her," the office said in a statement.
