Oklahoma ended its six-year execution moratorium on Thursday, October 28, 2021, with the lethal injection of John Marion Grant, 60. Grant’s execution, however, was marked by disturbing scenes as he convulsed and vomited after the administration of the sedative midazolam. This unusual reaction raised questions about the state’s execution protocol and reignited the debate surrounding capital punishment.
Grant was convicted of the 1998 murder of Gay Carter, a prison cafeteria worker. While serving a 130-year sentence for armed robbery, Grant stabbed Carter 16 times with a homemade shank. He was sentenced to death in 1999.
The execution, carried out at the Oklahoma State Penitentiary in McAlester, began at approximately 4:00 p.m. Before witnesses were allowed to view the proceedings, Grant could be heard yelling and using profanity. Shortly after the first drug was administered, he began convulsing and vomiting. Members of the execution team were seen wiping vomit from his face and neck. He was declared unconscious approximately 15 minutes later and pronounced dead at 4:21 p.m.
The incident of vomiting during the execution was deemed rare by experienced observers. Robert Dunham, executive director of the Death Penalty Information Center, stated he had never witnessed or heard of such a reaction. Michael Graczyk, a retired Associated Press reporter with extensive experience witnessing executions, recalled only one other similar instance in his career.
The Oklahoma Department of Corrections, however, maintained that the execution was carried out “in accordance with… protocols and without complication.” Governor Kevin Stitt, a Republican, issued a statement referencing the state constitution’s enshrinement of the death penalty and emphasizing that justice had been served for Gay Carter’s family.
Grant’s execution was the first in Oklahoma since a series of problematic lethal injections in 2014 and 2015. These incidents involved drug mix-ups and a botched execution where the inmate, Clayton Lockett, visibly struggled on the gurney before dying. The resulting moratorium led Oklahoma to explore alternative execution methods, including nitrogen gas, before ultimately deciding to resume lethal injections using the same three-drug protocol: midazolam, vecuronium bromide, and potassium chloride.
The state recently secured a supply of the necessary drugs for Grant’s execution and six others scheduled through March 2022. The Department of Corrections asserted that “extensive validations and redundancies” had been implemented to ensure the process functioned as intended.
Pamela Gay Carter, the victim’s daughter, expressed relief at the execution, stating that justice was beginning to be served for her family. She emphasized the importance of the death penalty in protecting potential future victims and highlighted the continued violence perpetrated by Grant even after his incarceration.
However, the execution sparked renewed controversy over Oklahoma’s lethal injection protocol. More than two dozen death row inmates, including Grant, were part of a federal lawsuit challenging the method, arguing it risked unconstitutional pain and suffering. Although Grant and five others were dismissed from the suit after not selecting an alternative execution method, a federal appeals court reinstated them, arguing they had implicitly identified alternatives.
Dale Baich, an attorney representing some of the inmates, argued that Grant’s reaction to the lethal injection demonstrated the protocol’s flaws. He called for a halt to executions until the trial scheduled for early next year.
Grant’s attorneys did not dispute his guilt but argued that mitigating factors, such as his troubled childhood and the depth of his relationship with Carter, were not presented to the jury. They claimed Grant killed Carter in a fit of passion and despair after their relationship ended. Pamela Carter, however, rejected the notion of a romantic relationship between her mother and Grant, urging the state to proceed with the execution.
The execution of John Marion Grant brings to a close a lengthy legal battle and reignites the debate surrounding capital punishment in Oklahoma. The unusual circumstances surrounding his death raise serious questions about the efficacy and humanity of the state’s lethal injection protocol. The upcoming trial challenging the protocol will undoubtedly be closely watched as the future of capital punishment in Oklahoma hangs in the balance.
The case of Julius Jones, another Oklahoma death row inmate whose execution was temporarily stayed, adds another layer of complexity to the issue. Jones maintains his innocence and has garnered significant national attention, including support from celebrities and activists. His clemency hearing is scheduled for early November, and Governor Stitt has stated he will not decide Jones’ fate until after the hearing. The intertwined cases of Grant and Jones highlight the ongoing legal and ethical challenges surrounding the death penalty in Oklahoma and the nation as a whole.
