The Indiana Parole Board formally opposes clemency for death row inmate Benjamin Ritchie, stating that the nature of his crime, his criminal and institutional history, and the broader interests of justice did not support a commutation of his death sentence (Photo Credit: legal team of Benjamin Ritchie).
Ritchie, 47, is scheduled to be executed on May 20 for the 2000 murder of Beech Grove Police Officer Bill Toney. According to the board’s letter, Ritchie admitted during his May 5 interview to intentionally shooting Toney while the officer was pursuing him as a suspect in a vehicle theft. Toney was left to die from a fatal gunshot wound.
[RELATED: Beech Grove honors fallen officer on day of killer’s clemency hearing]
Indiana Parole Board opposes clemency for Benjamin Ritchie
In a letter sent Tuesday to Gov. Mike Braun, who holds final authority over the decision, the board outlined its reasoning following a clemency hearing process that included an in-person interview with Ritchie at Indiana State Prison and public testimony from both supporters and opponents of clemency.
The board weighed four primary factors in making its decision: the nature and circumstances of the offense, Ritchie’s criminal history, his behavior while incarcerated, and the best interest of society.
In its letter, the board cited Ritchie’s extensive juvenile and adult criminal record, including a burglary conviction and probation violations, as well as over 40 institutional conduct reports during his time on death row, some involving violent or threatening behavior.
The board also acknowledged evidence presented regarding Ritchie’s diagnosis of Fetal Alcohol Syndrome Disorder, as well as a history of childhood abuse and neglect. However, members concluded that these mitigating factors had already been appropriately considered throughout the judicial process and did not outweigh the severity of his actions.
The Board also considered the testimony of the family and friends of Toney.
“By all accounts, Bill Toney was a loving husband, father, and friend as well as a devoted public servant who genuinely tried to do what was best for his community of Beech Grove,” the letter stated. “Officer Toney left behind a wife, two young daughters (aged 4 and 18 months), and many close friends, neighbors, and fellow officers. The outcome that those individuals were promised by a jury of Mr. Ritchie’s peers was that Mr. Ritchie would ultimately be put to death for his egregious actions. The family and friends of Bill Toney have patiently waited for the day when that sentence would be fulfilled.”
According to WISH-TV, Toney’s widow, Dee Dee Horen, testified in opposition to clemency for Ritchie during the hearing.
“It is time. It’s time for this chapter of my story, our story, to be closed,” she said. “It’s time to remember Bill’s life, not his death. It is time.”
Toney’s sister, brother-in-law, and mother, Jo Ann Toney, also opposed clemency for Ritchie, and several Beech Grove Police Department officers filled the back row of the auditorium at the hearing.
Despite Indiana Parole Board opposing clemency for Ritchie, final decision left to Gov. Braun
The board’s recommendation, however, is non-binding, but Braun has indicated he will allow the execution to move forward.
“After carefully reviewing the unanimous recommendation from the State Parole board, I have decided to allow the execution of Benjamin Ritchie to proceed as planned for May 20,” Braun said in a statement to 13News.
Separately, Ritchie’s legal team has filed two last-minute appeals in an effort to halt the execution. One request is pending before the U.S. Supreme Court, seeking an emergency stay and review of constitutional claims. Another petition is before the U.S. District Court for the Southern District of Indiana requesting a temporary injunction. Both filings remain unresolved.