The 3rd Execution of 2022
On February 17, 2022, Oklahoma executed convicted murderer Gilbert Ray Postelle without any of the issues that led to condemnation of the state's lethal injection procedure in the past.
It was the third execution in a row without
incident.
"He didn't seem to be struggling at all with
his breath," said one media witness, Dylan Goforth of The Frontier, an
online news site. "It happened really quick. ... It didn't seem like he
was having any trouble."
Postelle was declared dead at 10:14 a.m. at the
Oklahoma State Penitentiary. He was 35.
He apologized at his clemency hearing in December for
killing four people but made no final statement Thursday.
The execution was the fourth since the state resumed lethal injections in October after a
hiatus of more than six years. It came just days before the start of a federal
trial that will determine whether any more executions will be carried out this
year.
Attorney General John O'Connor, whose assistants
will represent the state at the trial, said the execution was carried out
"with zero complications."
"I believe the last couple of executions have
been very smooth," Corrections Department Director Scott Crow told
reporters afterward.
What did Gilbert Ray Postelle do?
Postelle was convicted of murdering four people on
Memorial Day 2005 outside a trailer in Del City. He was sentenced to death for
two of the murders and to life in prison without the possibility of parole for
the other two.
He was 19 at the time of the murders. He acted along
with his older brother and their father in a blitz attack involving
assault rifles.
Shot the most was the trailer's resident, Donnie
Swindle. Postelle's father had accused Swindle of causing his motorcycle
accident the year before.
Also killed were Amy Wright, James Alderson and
Terry Smith.
Jurors gave Postelle death sentences for fatally
shooting Wright and Alderson after hearing testimony he hunted them down
as they tried to flee. He later said Wright "was over there screaming in
the corner, and I got her ... a whole bunch of times and she shut up,"
according to testimony at his trial.
Swindle's sister, Shelli Milner, called Postelle a
monster who stole four innocent people's lives.
"To know that he will never walk this Earth
again does give me a little more peace than I had yesterday, but I will never
have peace knowing what he did to my brother Donnie, to Amy, to James and to
Terry," she told reporters after the execution. "He got what he
deserved today."
The brother, David Postelle, is serving life in
prison without the possibility of parole for his involvement. Their father,
Brad Postelle, never went to trial because he was declared
incompetent because of brain injuries from the motorcycle accident. The
father died in 2011.
Ironically, authorities believe the father was wrong
about the motorcycle accident and that Swindle was not to blame.
"There was no evidence to support any conclusion other than that Brad
Postelle's wreck being simply a single-vehicle accident in which Brad was
ejected from a rear-wheel skid that he alone caused," state attorneys told
the Pardon and Parole Board.
Gilbert Postelle said at his clemency hearing that
he absolutely still believed what his father told him about the
accident. "He was hit by a car and he was hit with something,"
he said.
What was Gilbert Postelle's last meal?
For his last meal Wednesday, Postelle had 20 chicken
nuggets with ranch, BBQ and honey mustard dipping sauces.
He also had three large fries with ketchup, a crispy
chicken sandwich, a chicken sandwich, a large cola and a caramel frappe.
Gilbert Postelle's execution the last before trial
over Oklahoma's execution procedure
A trial over the state's lethal injection procedure
begins Feb. 28 in Oklahoma City federal court. More than two dozen death row
inmates are asking a judge to find the state's procedure unconstitutional.
The Oklahoma Court of Criminal Appeals will schedule
executions for those inmates if the legal challenge fails.
Postelle was kicked out of the federal lawsuit
because he initially didn't specify an alternative method of execution. He
later gave firing squad as an alternative but his choice came too late.
He said at his clemency hearing that he had been
high on methamphetamine for days at the time of the shooting and only
remembers bits and pieces.
“I do understand that I’m guilty and I accept that,”
he said. “My life at that time was filled with chaos and drugs.
"I do regret the pain and the loss that I have
caused. ... There’s nothing more that I know to say to you all than I am truly
sorry for what I have done to all the families.”
His attorney, Robert Nance, told the parole board he
had a poor upbringing that included using meth for the first time in his
father's presence at age 12. The attorney also said he suffered from
intellectual deficits and mental illness.
One IQ test put his score at 76.
The parole board voted 4-1 to deny his clemency
request. The U.S. Supreme Court in January denied his request for an emergency
stay.
His daughter, ex-wife, fiancee and other supporters on Feb. 1
called on Gov. Kevin Stitt to delay the execution until after the federal
trial. The governor did not.
Two other inmates who had been scheduled for
executions were granted stays. A third, Julius Jones, had his sentence commuted
to life in prison without the possibility of parole.
Oklahoma had problems with executions in 2014 and
2015. One was called off at the last minute when the doctor determined the
wrong drug had been delivered.
The first execution in more than six years last
October resulted in renewed criticism of the state's procedure. Media witnesses
reported John Marion Grant convulsed repeatedly and threw up.
Gilbert Ray Postelle's final moments before
execution
During Thursday's execution, Postelle stayed silent
and mostly stared straight up. He looked three times at the five media
witnesses.
The curtain rose in the execution chamber at 10
a.m., and he was asked if he had any last words. He shook his head.
His eyes were drooping by 10:02
a.m. They were mostly closed a minute later. He was declared unconscious
at 10:06 a.m. after a doctor came into the chamber and checked him.
His chest rose and fell slightly for another minute
or so. His last movement came at 10:09 a.m. when a finger twitched. Media
witness Sean Murphy of The Associated Press reported seeing a tear roll down
the side of his face at 10:10 a.m.
In the witness room with reporters from AP, The
Oklahoman, two Oklahoma City TV stations and The Frontier was Dr. Ervin Yen.
Postelle chose not to have a spiritual adviser with
him in the chamber, and none of his family witnessed his execution.
In Oklahoma City, a handful of death penalty
opponents gathered outside the governor's mansion in the bitter cold for a
vigil at the time of the execution.
After the execution, the archbishop of Oklahoma City
again called for abolishing capital punishment.
"Please pray that our state’s leaders truly
embrace being pro-life and end the death penalty in Oklahoma,” Archbishop Paul
S. Coakley said.
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