PHOENIX — The Maricopa County attorney announced she will be seeking a death warrant for a convicted killer. But the Arizona attorney general said that's not her job.
Aaron Gunches was convicted and sentenced to death in 2008, but nearly 20 years after his crime, he is still in prison. Maricopa County Attorney Rachel Mitchell said during a news conference on June 5 that the family of Gunches' victim has waited long enough for justice and that her office would move to obtain a death warrant in Gunches' case.
"Ted Price’s family and friends have waited for two decades to see justice and to find closure,” Mitchell said. “I have been patient as the AG and the governor have delayed again and again. But it’s been long enough.”
Gunches led Ted Price, the ex-husband of Gunches' girlfriend, into a remote area of the desert where he shot and killed Price. Gunches pled guilty to first-degree murder and kidnapping for Price's death and in a separate case, also pleaded guilty to the attempted murder of an Arizona Department of Public Safety trooper.
A jury sentenced Gunches to death for the murder of Price twice — after an error was discovered in the sentencing proceeding the first time in 2008, a jury sentenced Gunches to death a second time in 2013.
But Gunches' execution was not carried out. Gunches initially filed a motion in 2022 to speed up his execution, 20 years after the 2002 incident. He then reversed his request just after current Arizona Attorney General Kris Mayes, a Democrat, won her election.
Arizona executions were put on hold in January after Hobbs, the newly-elected governor, issued an executive order establishing a death penalty review commission. She cited questions about the Department of Corrections execution protocols and lack of transparency.
Mayes immediately paused executions and the day set for Gunches' execution — April 6, 2023 — came and went.
Corrections Director Ryan Thornell said in June 2023 that executions could resume, according to previous reporting by 12News. But at the time, Mayes and Hobbs both said they would wait.
In a statement released after Mitchell's news conference, Mayes said she informed Mitchell of her plans to seek warrants of execution in approximately six months when the independent death penalty review is completed.
Mayes said in her statement she has "insisted" the independent review be finished promptly so that when a warrant is issued ultimately by her office, victims "will have certainty" that the warrant is carried out.
"But apparently, conducting this cynical performance to look tough in her competitive re-election primary is more important to the County Attorney than following the law," Mayes said in the statement.
Mayes stated that Mitchell's move to seek a death warrant has "no legal merit," but at the county attorney's press conference, Mitchell defended her office's ability to seek a death warrant.
“The law allows the state to do it. The county attorney represents the state," Mitchell said.
Mayes said in her statement that the actions of Mitchell "not only disrespects the legal process but also jeopardizes the working order of our system of justice."
"County Attorney Mitchell seeks to circumvent the authority of the Attorney General’s office and to use victims as pawns for her own political gain," Mayes said in her statement. "Make no mistake, I will vigorously defend the authority of this office – and will not stand by as the Maricopa County Attorney attempts to create chaos to save her political career."
Mayes said her office will strike Mitchell's office's motion and "prevent" Mitchell from "continuing her unauthorized actions related to the death penalty."
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