Capital punishment is legal in the U.S. state of Colorado.
Colorado was the last state to perform an execution in pre-Furman period (in 1967)[1], but since 1977 executed only one prisoner.
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Death penalty was reinstated in Colorado on January 1, 1975[2]. Previous death penalty statute was declared unconstitutional due to United States Supreme Court Furman v. Georgia rule in 1972, which found all states death penalty statutes unconstitutional. In 1976, Colorado's new death penalty statutes were approved by the Supreme Court and Colorado was allowed to continue performing executions.
As in any other state, people who are under 18 at the time of commission of the capital crime [3] or mentally retarded[4] are constitutionally precluded from being executed.
Suitability of the death sentence is determined by the jury. Life in prison is an option. Death row is located in Canon City. Currently there are three people awaiting execution: 1) Nathan Dunlap who was condemned for shooting and killing four people at a Chuck E. Cheese restaurant, 2) Sir Mario Owens who was convicted and received a jury's death determination in 2008 for the murder of a young couple, Javad Marshall-Fields and his fiancee, Vivian Wolfe who were prosecution witnesses in a murder trial involving Owens, and 3) Robert Ray who ordered the murders, committed by Sir Mario Owens, of witnesses Javad Marshall-Fields and Vivian Wolfe in his pending murder trial. [7]. [8]
Governor of Colorado has a sole right to pardon or commute the death sentence. As of 2011[update] no commutation was granted[9].
On January 7, 2011 Colorado Governor Bill Ritter granted a full and unconditional posthumous pardon to Joe Arridy, who had been convicted and executed as an accomplice to a murder that occurred in 1936. The pardon came 72 years after Arridy’s execution and is the first such pardon in Colorado history. A press release from the governor's office stated, "[A]n overwhelming body of evidence indicates the 23-year-old Arridy was innocent, including false and coerced confessions, the likelihood that Arridy was not in Pueblo at the time of the killing, and an admission of guilt by someone else." The governor also pointed to Arridy's intellectual disabilities. He had an IQ of 46 and functioned like a toddler. The governor said, “Granting a posthumous pardon is an extraordinary remedy. But the tragic conviction of Mr. Arridy and his subsequent execution on Jan. 6, 1939, merit such relief based on the great likelihood that Mr. Arridy was, in fact, innocent of the crime for which he was executed, and his severe mental disability at the time of his trial and execution. Pardoning Mr. Arridy cannot undo this tragic event in Colorado history. It is in the interests of justice and simple decency, however, to restore his good name.”[10]
Lethal injection is the sole method of executions on Colorado[11].
Only one person was killed by the state of Colorado after the reintroduction of capital punishment.
| Executed person | Date of execution | Victims | Method | Under Governor | |
|---|---|---|---|---|---|
| 1 | Gary Lee Davis | 13 October 1997 | Virginia May | lethal injection | Roy R. Romer |
In total 101 people were executed in Colorado in the pre-Furman period (1859–1967). 11 of these executions were prior to Statehood, 90 since. All of these people were killed as punishment for murder and all were males[12][13].
Hanging was the sole method of execution until it was replaced by the gas chamber in 1934. There were 69 hangings and 32 gassings [12][13].
Luis Monge, gassed on June 2, 1967, was the last person put to death in Colorado prior to 1977[1].
Other notable execution was the case of Jack Gilbert Graham on 11 January 1957 for killing 44 people by placing a bomb aboard United Airlines Flight 629.
Colorado is known for being the last state to make use of lethal gas prior to the 1972 Supreme Court decision that effectively abolished capital punishment in the United States. Colorado performed the last pre-Furman gassing in 1967. Oklahoma performed the last pre-Furman electrocution in 1966. Kansas performed the last pre-Furman hanging in 1965. Utah performed the last pre-Furman firing squad in 1960.
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