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Tennessee pauses executions after Christa Pike survives two drug doses

Governor Bill Lee halted the state's remaining execution this year and ordered an independent third-party review of what went wrong.

6 min read

Emergency vehicles outside Riverbend Maximum Security Institution in Nashville at night after the halted execution
Photo by Jiawangkun | Dreamstime.com

Tennessee executioners administered both doses of pentobarbital permitted under the state's lethal injection protocol on Wednesday night, and Christa Gail Pike, 50, was still alive. She was taken by ambulance from Riverbend Maximum Security Institution in Nashville for medical treatment. Her condition was not immediately disclosed.

Governor Bill Lee halted Tennessee's remaining execution for the year and ordered a third-party review of what went wrong. The cause of the failure has not been established. Pike's attorneys had raised concerns before the execution about her veins, her medical conditions and the quality and administration of the state's lethal injection drugs, but none of those theories has been confirmed as the reason she survived.

The Tennessee Department of Correction said its staff followed the approved procedure. "The Tennessee Department of Correction followed every step of the State's lawful, established execution protocol approved by the Attorney General's Office," the department said. Pike was transported to an off-site medical facility.

What media witnesses saw inside the chamber

Curtains to the execution chamber were raised at about 7:27 p.m., revealing Pike strapped to a gurney, according to media witnesses. She initially remained conscious. At one point she raised her head and questioned officials about discomfort in her arm.

By 8:26 p.m., witnesses were told a second dose of pentobarbital had been administered. In a federal court filing that evening, Pike's lawyers said witnesses reported the executioners had "injected both syringes of lethal injection chemicals and Pike is still alive and snoring," according to The Associated Press. The filing said she "has not lost consciousness and still has a heartbeat" and that the curtains to the death chamber "have gone down twice."

Pike was still awake and snoring more than 40 minutes after the last dose, The Associated Press reported. Officials escorted the media witnesses out of the area at 8:53 p.m. The sound could be heard until the chamber microphone was switched off shortly before 9 p.m. Emergency vehicles were seen coming and going from the prison.

Pike's lawyers returned to court while the procedure was still unfolding, filing emergency applications to stop officials from continuing and arguing that she was being subjected to unnecessary suffering. Luke Ihnen, an assistant federal defender on her defense team, confirmed she had received two syringes of the drug and said the team was filing a motion to stay the execution. The motion also asked that Pike receive immediate medical care.

Tonight the State of Tennessee once again failed to carry out a lawful execution. We take no pleasure in being right, but the concerns raised by Ms. Pike proved to be true: difficult vein access, blown veins, degraded pentobarbital, no emergency medical care available when things inevitably go wrong, all under a protocol that remains veiled in secrecy.

Attorneys for Christa Pike, in a statement late Wednesday

The attorneys said late Wednesday that Pike was being treated at a nearby hospital. As of 10:40 p.m. Central time, they said, they had not been informed about her condition.

Lee halts executions and orders a review

Lee said carrying out a death sentence is one of the state's most serious responsibilities and had to be done legally, constitutionally and effectively. His order stops Tennessee's remaining execution this year and directs an outside review of Wednesday's attempt. Gary Wayne Sutton, whose execution had been scheduled for December 3, will not be put to death this year.

Lee declined to grant Pike clemency earlier in the week, leaving the sentence imposed by the courts in place. The Tennessee Supreme Court had set September 30, 2026, as her execution date in an order issued a year earlier, on September 30, 2025.

Tennessee's protocol provides for a backup set of syringes when a prisoner remains alive after the first dose, but it contains no further step if the second dose also fails to cause death. That puts Pike's case in a different position from most aborted executions, in which officials stopped because they could not establish intravenous access and never started the flow of drugs.

Mark Fowler, the doctor involved in the attempted execution of Tony Carruthers, oversaw Pike's. The Carruthers execution was abandoned in May after medical staff spent more than an hour failing to establish IV access.

Tennessee did put Anthony Darrell Hines to death at Riverbend in August, for the 1985 murder of Catherine Jean Jackson Jenkins. That same month, a three-day hearing was held on Pike's claim that a vein condition and other medical and psychological problems would make lethal injection torturous for her. Special Master Judge Mark Ward said afterward that he would not block the execution.

Whether the state can try again

The September 30 warrant expired at midnight, and Tennessee cannot resume the execution under it. Another attempt would require additional court action and a new execution date, which would give Pike's lawyers a fresh opening to challenge the procedure. No new date had been set as of early Thursday.

Supreme Court precedent generally permits a second attempt. In Louisiana ex rel. Francis v. Resweber, decided in 1947, Willie Francis survived an attempted execution in Louisiana's electric chair after the equipment malfunctioned, and the court allowed the state to try again, rejecting claims that another effort would violate double jeopardy or amount to cruel and unusual punishment. The court treated the malfunction as an accidental failure of the execution process rather than a separate act of punishment.

Resweber does not give states unlimited room to repeat failed executions. Justice Felix Frankfurter indicated that repeated unsuccessful attempts could raise a different constitutional problem, and later decisions on execution methods have distinguished accidental malfunctions from procedures that create a substantial risk of severe suffering. What Lee's investigators find about Wednesday night is likely to shape any renewed litigation.

Stay granted in the morning, vacated by evening

Pike, the only woman on Tennessee's death row, had been scheduled to die Wednesday morning. About an hour before, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit granted a stay "until further order of this court" in a 2-1 decision while it weighed motions from her attorneys and the Tennessee Attorney General's Office. The court said it needed more time to consider her claims of childhood sexual abuse and whether they had been adequately considered at sentencing.

Attorney General Jonathan Skrmetti's office asked the U.S. Supreme Court to lift the stay, and the justices did so at about 5:50 p.m. Central time Wednesday. Justice Sonia Sotomayor dissented, joined by Justices Elena Kagan and Ketanji Brown Jackson, arguing that the Sixth Circuit should have been given time to consider Pike's pending challenge first. The Supreme Court, she wrote, "chooses to overlook that principle precisely when it matters most."

The 1995 killing of Colleen Slemmer

Pike was 18 on January 12, 1995, when she and two others led her 19-year-old Job Corps classmate, Colleen Slemmer, to an isolated, abandoned steam plant near the University of Tennessee campus in Knoxville, where Slemmer was tortured and killed. Prosecutors said Pike believed Slemmer was trying to take her boyfriend. The weapons were a box cutter, a meat cleaver and a chunk of asphalt.

The boyfriend, 17-year-old Tadaryl Shipp, and 18-year-old Shadolla Peterson were the other two. A pentacle was carved into Slemmer's chest and a piece of her skull was taken; Shipp later admitted carving the symbol.

Pike was convicted on March 22, 1996, of first degree murder and conspiracy to commit first degree murder, and she was sentenced to death on March 30, 1996, at the age of 20, making her one of the youngest women sentenced to death in the United States in the period since the Supreme Court's Furman decision.

Pike has not denied her involvement in the killing. Her lawyers have argued that her age at the time, untreated mental illness and a history of severe abuse should have weighed more heavily against imposing the death penalty; she was later diagnosed with bipolar disorder and post-traumatic stress disorder.

No new date, and no precedent

Robin Maher, executive director of the Death Penalty Information Center, called what happened to Pike unprecedented. Other prisoners in the United States have survived execution attempts because officials could not establish intravenous access, Maher said, but there is no known comparable case of a prisoner remaining alive after the lethal drugs had actually been administered.

Had Wednesday's execution succeeded, Pike would have been the first woman put to death in Tennessee in more than 200 years, and the 19th woman executed in the United States since the Supreme Court reinstated capital punishment in 1976. State officials had not announced what they will do next.

Sources

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