Update: 7:02 p.m. on Thursday, April 21
Texas has executed Carl Wayne Buntion, who had been the state鈥檚 oldest death row inmate.
The 78-year-old died by lethal injection on Thursday for murdering Houston police officer James Irby during a traffic stop in 1990.
Among those who went to Huntsville for the execution included Irby鈥檚 widow, Maura Irby, HPD Chief Troy Finner, and Harris County District Attorney Kim Ogg.
鈥淚 hope this brings some peace to James Irby鈥檚 family,鈥� said Ogg, in a statement.
Efforts to halt Buntion鈥檚 execution were unsuccessful. That included the for a stay hours before his execution.
In a statement included in the high court鈥檚 order, Justice Stephen Breyer said Buntion鈥檚 case 鈥渋llustrates a serious legal and practical problem with the death penalty as it is currently administered.鈥�
Buntion had been on death row for more than 30 years, and Breyer noted that most of that time had been in solitary confinement.
鈥淲hen efforts to administer the death penalty produce results such as this, it raises serious questions about whether that practice complies with the Constitution鈥檚 prohibition against cruel and unusual punishment,鈥� said Breyer.
According to the Texas Department of Criminal Justice, Buntion鈥檚 time of death was 6:39 p.m.
He is the first person to be executed in Texas for 2022.
Irby鈥檚 daughter, Cally, was a toddler at the time of her father鈥檚 death.
鈥淎lmost 32 years later 鈥� justice 鈥� if you can call it that,鈥� she wrote in a post to Irby on the earlier this month. 鈥淚 would have much rather have had you these last 32 years but I am glad it鈥檚 going to finally be over. I am not angry anymore and I am choosing not to be sad.鈥�
In the post, Cally also said that after the execution she鈥檒l be ready to 鈥渃lose the chapter on all this hurt and loss and just finally let go.鈥�
鈥淚 will never let your memory die,鈥� she added. 鈥淢y son will grow up knowing his grandfather was a hero.鈥�
Attempts to halt Buntion鈥檚 execution
In a recent federal court filing, Buntion鈥檚 lawyers acknowledged he is responsible for Irby鈥檚 death and deserves to be punished. However, they still want his execution halted, stating that executing him after 鈥渟uch a long incarceration would violate the Eighth Amendment鈥檚 prohibition of cruel and unusual punishment.鈥�
Efforts to halt his execution have so far failed. Most recently, the voted unanimously against a 90-day reprieve of execution or commuting Buntion鈥檚 death sentence to imprisonment for life.
鈥淚 truly hope he can live out his remaining days in prison,鈥� said Kristin Houl茅 Cuellar, the Executive Director of the, who鈥檚 still holding out hope for a last-minute intervention.
While Houl茅 Cuellar knows his guilt is not in doubt, she told the Texas Newsroom Buntion is a frail, elderly man and should not be executed.
鈥淭here are grave concerns about the spectacle about the state executing a 78-year-old man who has numerous serious physical health ailments, who requires specialized care, including the use of a wheelchair to perform basic functions,鈥� she added.
However, president Douglas Griffith believes Buntion should be executed because 鈥渢here has to be consequences for your actions.鈥�
鈥淚f you commit capital murder, that鈥檚 the only thing you can be put to death for 鈥� either killing a police officer, killing multiple people, or killing someone in the commission of an offense,鈥� Griffith told the Texas Newsroom. 鈥淭hose individuals that do that 鈥� that pull the trigger and take someone鈥檚 life 鈥� they must pay the ultimate sacrifice. You have to be held accountable for those actions that you make.鈥�
Griffith described Irby as a 鈥渇amily man,鈥� and said he is hopeful Irby鈥檚 family will be able to find peace.
鈥淗e [Buntion] executed Jim Irby that day, and his [Irby鈥檚] wife had to raise two children by herself,鈥� said Griffith. 鈥淚 just hope they can get some closure out of this.鈥�
If other attempts to stay his execution fail Thursday, Buntion will be the first death row inmate to be executed in Texas in 2022.
Recent SCOTUS decision鈥檚 influence on Buntion鈥檚 execution
Meanwhile, a spokesperson confirmed Wednesday that a spiritual advisor will be allowed inside the death chamber with Buntion.
Buntion had requested his spiritual advisor 鈥渂e allowed to touch my body and pray out loud once inside the execution chamber.鈥�
According to an email sent from the Texas Attorney General鈥檚 office last week to Jeffrey Newberry, one of Buntion鈥檚 lawyers, the spiritual advisor will also be permitted to 鈥減ray aloud at a reasonable volume.鈥� Singing would also be allowed.
The spiritual advisor would be allowed to stand at the foot of the gurney and touch Buntion鈥檚 foot as well.
鈥淭here is no limit on the timing of that touch,鈥� said Edward L. Marshall, the Chief of the Criminal Appeals Division at the Texas AG鈥檚 office, in the email to Newberry.
Having a spiritual advisor pray aloud and touch death row inmates had been a matter of concern for some inmates, until by the U.S. Supreme Court.
The case involved another Texas death row inmate, John Ramirez, who had wanted his pastor to pray over him and lay hands on him as he died by lethal injection. In its 8-1 opinion, the nation鈥檚 high court sided with Ramirez.
TDCJ policy only allows a spiritual advisor inside the death chamber if they don鈥檛 speak or touch the inmate.
Since the ruling, aspokesperson for the prison agency said requests for spiritual advisors to pray or touch the inmate 鈥渨ill now be reviewed on a case-by-case basis,鈥� while its actual policy will not change.
