AZ Supreme Court will consider ordering Hobbs and DOC to execute Aaron Gunches

The Arizona Supreme Court will consider a petition to order Gov. Katie Hobbs and the Department of Corrections director to carry out the execution of death row prisoner Aaron Gunches, despite the governor's previous statement that she would not carry out the execution until a review of Arizona’s death penalty process is complete.

Gunches was sentenced to death for the 2002 murder of Ted Price, a former longtime boyfriend of Gunches' girlfriend. Gunches kidnapped and shot Price multiple times in a desert area off the Beeline Highway.

Gunches initially asked for his death sentence to be carried out as soon as possible, to deliver justice to the victim’s family. But he changed his mind and filed a subsequent motion asking the court to withdraw his request, citing concerns about the state’s ability to execute people safely and effectively.

Upon taking office in January, Attorney General Kris Mayes filed a motion to withdraw the state’s request for a death warrant for Gunches, which was filed by her predecessor, Mark Brnovich.

Hobbs appointed a death penalty oversight commissioner to investigate Arizona's execution process and said the state would pause executions until the review was complete.

Arizona's high court ignored the requests and granted the warrant. The court set an execution date for April 6.

The Arizona Board of Executive Clemency has scheduled a clemency hearing for Gunches on March 26.

In reaction to the Supreme Court's decision, Hobbs said she would not act on the warrant, citing the ongoing work of the independent commissioner.

Crime victim advocate Colleen Clase, representing the Price's sister Karen Price, filed a petition with the state Supreme Court asking for the sentence to be carried out.

Maricopa County Attorney Rachel Mitchell also asked the state Supreme Court to compel Hobbs to enforce the warrant of execution granted by the high court and carry out Gunches' sentence.

Gunches, in his most recent filing, said he has "not changed his mind" and still wants to be executed. Gunches asked to be transferred to Texas "where the law is still followed and inmates can still get their sentences carried out."

The court denied his request.

Gunches also asked the Arizona Supreme Court to "send all notifications, orders, filings" to his prison-issued tablet through the email service available to prisoners, because he said he is not receiving court documents in a timely fashion. The court denied his request, saying it would continue using U.S. mail, as well as sending documents to his advisory counsel, who can then forward them to him via the prison email system.

Gunches did not respond to an email inquiring about his most recent requests.

On Monday, the court granted Clase's request to expedite a briefing schedule for the request to compel Hobbs to carry out the warrant.

The briefing is due on Thursday, after which time the court will rule on the petition.

Justice John R. Lopez IV, Justice James P. Beene, and Justice William G. Montgomery are recused from the case. John Pelander, Justice (Retired) of the Arizona Supreme Court, was designated to sit on this case until it is finally determined, according to the court.

This article originally appeared on Arizona Republic: Arizona Supreme Court may order execution of Aaron Gunches