CHICAGO (AP) — An Indiana man convicted in the 2001 rape and murder of a teenage girl was set to die by lethal injection early Friday in the state’s third execution since resuming capital punishment last year.
Roy Lee Ward, 53, was scheduled to be put to death before sunrise at the Indiana State Prison in Michigan City.
He was convicted in the rape and murder of 15-year-old Stacy Payne and sentenced to death. The brutal crime, which happened in the family’s home in Dale, rocked the small community of roughly 1,500 people.
Attorneys said Ward has exhausted his legal options after many court battles.
“He’s very remorseful about this horrible crime,” said his attorney Joanna Green.
Ward’s execution comes amid questions about Indiana’s handling of pentobarbital. Last year state officials ended a 15-year pause on executions, saying they’d been able to obtain drugs used in lethal injections but which had been unavailable for years.
The Indiana Department of Correction said it had obtained “enough pentobarbital to follow the required protocol” for Ward’s execution. Ward’s attorneys though have raised concerns about the use of the drug and how the state stored it, including temperature issues.
Ward’s expected execution in Indiana on Friday is the first of eight that are set to be carried out in October in seven different U.S. states, according to the Death Penalty Information Center.
Among 27 states with death penalty laws, Indiana is one of two that bar media witnesses. Ward’s witness list includes attorneys and spiritual advisors.
His case has trailed through the courts for more than 20 years.
Ward was found guilty of the crimes in 2002 and sentenced to death. But after the Indiana Supreme Court overturned the conviction and ordered a new trial, he pleaded guilty in 2007. A decade later, the U.S. Supreme Court declined to hear the case. In 2019, he sued Indiana seeking to stop all pending executions.
Last month, the Indiana Supreme Court declined to stay the execution and Gov. Mike Braun rejected Ward’s clemency bid.
The victim’s family members said they were ready for justice to be carried out, remembering Payne as an honor student and cheerleader with an influence beyond her short life.
“Now our family gatherings are no longer whole, holidays still empty. Birthdays are sad reminders of what we lost,” her mother Julie Wininger told the parole board last month. “Our family has endured emotional devastation.”
Ward, who declined interview requests through his attorneys, has said little publicly. He skipped a parole board interview for his clemency bid, saying he didn’t want to force the victim’s family travel to the prison and he can’t always say what he means.
Attorneys say Ward was recently diagnosed with autism spectrum disorder, which affects his ability to communicate.
One of his spiritual advisers, Deacon Brian Nosbusch, said Ward has thought deeply about his actions.
“He knows he did it,” Nosbusch said. “He knows it was horrendous.”
