CHICAGO (AP) — Indiana will put to death a man who was convicted in the 2001 rape and murder of a teenage girl, the state’s third execution since resuming capital punishment last year.
The execution of Roy Lee Ward is scheduled before sunrise Friday at the state prison in Michigan City, Indiana. The 53-year-old has exhausted his legal options to challenge the sentence.
Ward’s execution by lethal injection comes amid questions about Indiana’s handling of pentobarbital, the drug it has used in recent executions.
Here’s a closer look at the case:
Authorities say Ward entered the home of 15-year-old Stacy Payne on July 11, 2001, raped her and struck and stabbed the girl repeatedly with a dumbbell and a knife. She was airlifted from her town of Dale to a hospital and died hours later.
Matt Keller, former town marshal, discovered Stacy and arrested Ward who was still at the home.
“I cannot imagine the immense pain, suffering, and sheer terror that Stacy experienced during the last moments of her young life,” Keller said at Ward’s clemency hearing in Indianapolis last month.
Payne’s death rocked the southern Indiana community, which is home to about 1,500 people. Her father still lives at the house, her Raggedy Ann doll collection untouched.
A nearby church has planned a prayer vigil to honor the girl hours before the execution “with the sharing of cherished memories."
Ward’s case has wound through the courts for decades. He was found guilty of murder and rape in 2002 and sentenced to death. But the Indiana Supreme Court overturned the conviction and ordered a new trial.
Ward then pleaded guilty in 2007. The U.S. Supreme Court declined to hear the case in 2017.
Two years later, he sued Indiana seeking to halt all executions. He argued that Indiana's manner of carrying out “capital punishment is arbitrary" and "offensive to evolving standards of decency.”
The Indiana Supreme Court declined to stay the execution last month. That’s also when Gov. Mike Braun rejected Ward’s clemency after board members noted the killing’s “brutal nature.”
Arguing against clemency, the state's attorneys mentioned Ward’s criminal history, including indecent exposure charges and a robbery conviction.
“He is a murderer and a rapist,” Deputy Attorney General Tyler Banks told the parole board. “He’s also predatory and manipulative.”
Ward has exhausted his legal avenues, attorneys said.
“He is pretty resigned to the fact that it’s happening and has been for awhile,” said Joanna Green, one of Ward’s attorneys. “He said, ‘If I could take every bit of the pain I caused with me, I would.’”
Indiana resumed executions in 2024 after a 15-year hiatus. State officials said they'd been able to obtain drugs used in lethal injections that had been unavailable for years.
But those drugs came at a high cost, more than $1 million for four doses. In June, Braun said the state wouldn't immediately buy more, raising questions about if Indiana would consider a new execution method. The first-term Republican cited the high cost and short shelf life.
Ward’s attorneys challenged the use of the drug in court, saying it can cause flash pulmonary edema, in which fluid rushes through quickly disintegrating membranes into lungs and airways, causing pain similar to being suffocated. They noted that witnesses to the May execution of Ben Ritchie said the man lurched forward before he died.
“There are still a lot of unanswered questions about what happened during Ben’s execution,” Green said.
Among 27 states with death penalty laws, Indiana is one of two that bar media witnesses.
Indiana Department of Correction officials confirmed Wednesday that the agency “has enough pentobarbital to follow the required protocol” for the execution but didn't comment further.
Green said they discovered through their lawsuit that the pentobarbital to be used in Ward’s execution is manufactured and not compounded. Ward's attorneys said that means fewer concerns about the drug deteriorating quickly and they received assurances about proper handling of the drug, including temperature control. The lawsuit was dropped, as was another legal challenge over execution chamber conditions.
Relatives said Payne, who loved the song “You Are My Sunshine,” was full of life.
An honor student and cheerleader, she was saving money from her pizzeria job, her mother Julie Wininger told the parole board.
“Stacy’s life was so short but was filled with so much meaning,” she said.
Wininger tallies each of the 8,000 plus days since Payne’s passing. She asked the parole board for justice to be carried out.
“We will never see Stacy smile again,” Wininger said, crying. “We will never hear her voice, never have the joy of watching her grow into the incredible woman she was meant to be.”
Ward, who declined interview requests through his attorneys, has said little publicly.
He didn’t comment when sentenced in 2007. He also declined a parole board interview, saying he didn't want to force the victim's family travel to Michigan City. Attorneys also said he’s remorseful but has a hard time expressing it.
Ward was recently diagnosed with autism spectrum disorder, an issue attorneys had raised in challenges.
In a Sept. 17 affidavit, Ward said he declined a parole board appearance because "due to my learning disability and language impairments the messages I mean to convey are sometimes difficult for me to accurately express.”
While behind bars, he lost relatives, including his mother who moved to Michigan City to be closer to him. Through a prison program, he took care of a cat named Sadie, who was rehomed ahead of his execution.
He’s renewed his faith and was baptized in prison. He keeps close contact with spiritual advisers who say he's expressed regret.
“He’s not hiding the fact that it happened,” said Deacon Brian Nosbusch. “He’s definitely a changed person.”
This undated photo provided by the Indiana Department of Correction shows Roy Lee Ward, who was convicted in the 2001 rape and murder of 15-year-old Stacy Payne. (Indiana Department of Correction via AP)
FILE - The interior of the U.S. Penitentiary execution room is seen March 22, 1995, in Terre Haute, Ind. (AP Photo/Chuck Robinson, File)
