Man convicted of killing Beech Grove police officer to be executed early Tuesday morning

MICHIGAN CITY, Ind. - Benjamin Ritchie, a man convicted of killing Beech Grove police officer William Toney in September 2000, is slated to be executed by the State of Indiana early Tuesday.




Ritchie's execution is due to take place at the Indiana State Prison in Michigan City. When the Indiana Supreme Court set Ritchie's execution date, it mandated he be executed "before the hour of sunrise" on May 20.




Ritchie was convicted of killing Toney more than 20 years ago. A jury unanimously recommended the death sentence for Ritchie, and a trial court imposed the sentence on Oct. 15, 2022.




Previous reporting indicates Ritchie shot Toney during a police chase. The pursuit began because Toney was attempting to recover a stolen van that Ritchie and multiple others were riding in.




The van's occupants initially fled from Toney, but they came to a stop in a home's front yard. Ritchie bailed from the van after it came to a stop, and Toney ran after him.




During the foot pursuit, Ritchie fired four shots at Toney, killing him in the process.




In the years since the shooting, Ritchie has made numerous attempts to circumvent his death sentence. His legal team has filed multiple appeals and a petition for a writ of habeas corpus.




Over the last few weeks, Ritchie sought clemency from Indiana Governor Mike Braun. The Indiana Parole Board, which serves as the governor's "Clemency Commission," rejected Ritchie's request for clemency.




Braun ultimately has the final say in granting Ritchie clemency. Previous reporting indicates Braun accepted the parole board's recommendation and will not commute Ritchie's death sentence.




Ritchie has also appealed to the U.S. Supreme Court. His attorneys even submitted an application for stay of execution to the Supreme Court on Monday.




Thus far, the Supreme Court has not taken any action related to Ritchie's requests.




During his clemency hearings, Ritchie and his attorneys argued that he was unfit to be executed because he had mental health issues and brain damage. Ritchie's attorneys claimed his mother abused alcohol and other substances while she was pregnant with Ritchie. They also indicated that his mother beat him while he was a toddler.




After Ritchie's bid for clemency was rejected by the parole board, Mark Koselke, the Deputy State Public Defender representing Ritchie, issued the following statement:




"We are extremely disappointed that the Parole Board concluded that Mr. Ritchie's death sentence is based on accurate information. Two out of four Indiana Supreme Court Justices, including Chief Justice Rush, said that the jury was not provided accurate evidence of Mr. Ritchie's severe brain damage. If the jury had heard this evidence, we believe he would have received a different sentence. We remain hopeful that Governor Braun will consider the unique, compounding impacts of Mr. Ritchie's age and brain damage and commute Benjamin Ritchie's sentence."




Members of the media will not be allowed to witness Ritchie's execution.




A group of media outlets filed a lawsuit earlier this month requesting access to the Ritchie's execution proceedings. A federal judge rejected the outlets' arguments, and upheld Indiana laws that prevent media from witnessing executions.




If his death sentence is carried out as planned on Tuesday, Ritchie will be permitted to have five people witness his execution. A maximum of eight members of the Toney family will be allowed inside the state prison for Ritchie's execution.




FOX59/CBS4 requested a copy of the state prison's policies and procedures for executions. Officials with the Indiana Department of Correction (IDOC) indicated the policies and procedures would only be released via a formal records request.




During previous executions, that State of Indiana has removed prisoners from their cells around noon the day before their executions are to take place. From there, prisoners were moved to a room located in the same building that houses the State of Indiana's death chamber.




While in that room, the prisoners were given their final meals. Phones have also previously been made available to death row inmates who wish to make calls before their executions.




For prior executions, two physicians have been present during the proceedings. One IDOC physician, and an independent physician there to record the prisoners' exact times of death.




IDOC officials have also had a hotline set up to communicate with the governor's and attorney general's offices during previous executions.




If Ritchie's execution happens on Tuesday, he will become the second prisoner the State has executed since December.




The State of Indiana executed Joseph Corcoran - a man convicted of killing four people in Allen County in 1997 - on Dec. 18.




Before Corcoran was put to death, Indiana had not executed a prisoner since 2009, when Matthew Eric Wrinkles was executed. Wrinkles was convicted of killing three people in 1994.




Like Corcoran, Ritchie will likely be executed via lethal injection. Pentobarbital will likely be the drug that is used during the execution.

In June, then-Governor Eric Holcomb and Attorney General Todd Rokita announced that the State had acquired the pentobarbital it needed to resume state executions.




FOX59/CBS4 attempted to obtain information related to the cost of the drug and company the State bought it from. The records the State released were heavily redacted, as Indiana law grants protections to companies and individuals who assist with State executions.




The Beech Grove Police Department released a statement on Ritchie's impending execution on Monday afternoon:




"Officer William Toney lost his life 25 years ago serving the community he lived in. Taking a solemn oath to uphold the constitution and law of this great state, so that its citizens may lead a peaceful life. His life was violently taken from him by an individual whose actions adversely affected the innocent and ripped at the very fabric that holds society together. While there is no peace in the execution, there is comfort in the realization that society has kept its promise to the men and women of law enforcement to hold those accountable for their reckless choices and damaging actions, so that those still serving find strength knowing that their service is not in vain."




Though officials have not specified exactly when Ritchie will be executed, the State has previously finished execution proceedings around 2:30 a.m.




IDOC has indicated that it will provide media members with a statement after Ritchie has been executed. It is unclear how much information the statement will provide on Ritchie's execution proceedings.





via: https://fox59.com/news/man-convicted-of-killing-beech-grove-police-officer-to-be-executed-early-tuesday-morning/