Gilmore, Gary (1940–1977)

The Crimes and Execution of Gary Gilmore

Gilmore was in and out of correctional institutions for much of his life. He was released from a term of imprisonment in April 1976, and in July 1976 he committed two homicides on two consecutive days. The first victim was a gas station attendant in Orem, Utah, and the second was a hotel clerk in Provo, Utah. He shot both victims in the head after robbing them. Gilmore was subsequently arrested and charged. In October 1976, his case went to trial.

Gilmore's case differed from contemporary death penalty cases in two ways. First, the trial was very brief—the jury selection, guilt phase, and sentencing phase were concluded within three days. Second, Gilmore elected not to pursue appeals. He requested death by firing squad and did not mount legal challenges to his sentence. By modern standards, his execution by firing squad on January 17, 1977—only five months after sentencing—was exceptionally quick. Gilmore's execution made him [Page 373]the first person to be put to death following the lifting of the Supreme Court's moratorium on capital punishment.

A 1984 study by Robert Jolly and Edward Sagarin notes that the first executions following the Furman decision, including Gilmore's, were marked by characteristics that made them suitable for capital punishment, thus lending legitimacy to the reestablishment of the death penalty. For instance, Gilmore's murders appeared to be particularly wanton since the victims were shot execution style during the course of a robbery. In addition, Gilmore's guilt was clearly established, and Gilmore himself essentially asked—some observers might say challenged—the state to execute him.

Gilmore was incarcerated in Utah's death row from the time of his sentence until his execution. During his stay in prison, he attempted suicide by drug overdose, but was unsuccessful. He also entered into a hunger strike to protest unsolicited appeals that were made on his behalf. Gilmore made it clear that he wanted his sentence to be carried out, enhancing public interest in his case.

On the night of January 16, 1977, the United States got ready for the first execution in the past 10 years; Utah prepared for its first state execution in 16 years; and Gary Gilmore spent his last night at Utah State Prison. Reports suggest that, the night before his execution, Gilmore received guests, gave a boxing demonstration, made phone calls, consumed alcohol smuggled into the prison, danced, and gave a final interview.

The execution was set for the morning of January 17, 1977. Earlier that morning, a stay of execution was averted, and the U.S. Supreme Court refused to delay his case further. The execution was conducted by firing squad in a makeshift chamber in the Utah State Prison, and the official time of death was noted as 8:07 A.M. Following his death, the unusual nature of the Gilmore case continued, as some of his organs were removed for transplant; currently, executed inmates are generally considered ineligible as organ donors, in part because of the damages caused by the methods of execution. After autopsy, Gilmore was cremated.

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