Judge says Ralph Menzies does have dementia, but is competent enough to be executed
A Utah judge says death row inmate Ralph Menzies is mentally competent enough to be executed by firing squad.
In a ruling issued Friday evening, 3rd District Judge Matthew Bates wrote that Menzies does have dementia, but it's not enough to prevent him from understanding why he's being punished.
Menzies' attorneys say they plan to appeal the decision to the Utah Supreme Court.
The ruling caps of a monthslong competency hearing that began in November, where attorneys for Menzies argued the 67-year-old's brain is so damaged he can't form a 'rational understanding' of why the state is pursuing the death penalty. Attorneys for the state, meanwhile, argued that Menzies does show signs of cognitive decline but he's still competent.
Will Ralph Menzies' dementia keep him from a firing squad? Attorneys make final argument
Menzies has spent nearly 40 years on death row, after being convicted of murdering Maurine Hunsaker in 1986. Menzies kidnapped Hunsaker, a 26-year-old gas station clerk, from her work and took her up Big Cottonwood Canyon, where she was later found tied to a tree with her throat slashed.
In recent years, Menzies' health has deteriorated, his attorneys say. After falling several times in prison, he was diagnosed with vascular dementia, caused when the brain's blood flow is disrupted, leading to memory loss and declining cognitive function. An MRI exam showed Menzies' brain tissue is deteriorating, and his balance is fraught, causing him to fall several times each month.
In his ruling Friday, Bates acknowledged Menzies' condition, but said it's not enough to deem him incompetent.
'Although Menzies has shown he has vascular dementia, he has not shown by a preponderance of the evidence that his mental condition prevents him from reaching a rational understanding of his punishment or the State's reasons for it. Therefore, he has not met his burden to show he is incompetent to be executed,' Bates wrote.
In a statement, Matt Hunsaker, Maurine's son, said he appreciated the court's diligence for issuing the ruling so soon. During the final day of arguments in the competency hearing on May 7, Bates said he would issue a ruling in 60 days, giving himself a July 6 deadline.
'It kind of comes as a shock to the family. We weren't expecting it this soon,' Hunsaker said. 'We definitely appreciate the fact that it's moving forward, we are in hopes that the flow can continue and we can get an execution date and the death warrant signed immediately.'
Hunsaker, in a text message, added, 'my family is very happy to see that we might have some closure coming.'
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Menzies' attorney Lindsey Layer told Utah News Dispatch they disagree with the ruling, and plan on filing an appeal with the Utah Supreme Court.
'Ralph Menzies is a severely brain-damaged, wheelchair-bound, 67-year-old man with dementia and significant memory problems,' Layer said. 'He cannot understand the State's reasons for his execution. His dementia is progressive and he is not going to get better. 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.'
In Utah, death row inmates sentenced before May 2004 had a choice between lethal injection and firing squad. Menzies, when he was sentenced in 1988, chose the firing squad. For those sentenced after 2004, the default method of execution is lethal injection, unless the necessary drugs are not available.
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