MIAMI – The last person executed in Florida’s death chamber was 74 years old, making him the oldest executed in the state in modern times. Interestingly, the next two inmates scheduled for execution are even older.
This series of executions, set to occur by the end of the month, shines a light on a growing trend in the United States: an aging population on death row. One of the prisoners in Florida, convicted of killing his ex-girlfriend’s parents back in 1986, is now 80 years old, making him only the second known octogenarian to face execution in the U.S.
For many, this raises serious ethical questions about the humanity of executing individuals who may soon pass away from natural causes. Others argue that the lengthy appeals process, which is designed to protect constitutional rights and prevent wrongful executions, can also cause significant delays in delivering justice.
Rev. Dustin Feddon, a Catholic priest who has been working with death row inmates in Florida since 2013, expresses concern: “Is this intentional, as though to say we’re not going to let a natural death help you escape executions?” His stance reflects the church’s opposition to capital punishment, emphasizing that executing the frail and elderly is particularly cruel.
However, not everyone shares this perspective. Marilyn Gifford, whose sister’s killer is scheduled for execution soon, feels differently. “I’m just happy it’s ever happening in our lifetime,” she said. “I wish my mother was alive to see it.”
Long Waits on Death Row
On June 25, Dusty Ray Spencer was executed at 74, becoming the oldest person executed in Florida’s modern history. His appeal, which argued that his liver disease would make the lethal injection process extremely painful, was rejected by the U.S. Supreme Court.
Another inmate, Dennis Sochor, who was convicted of killing 18-year-old Patricia Gifford shortly after meeting her at a New Year’s Eve party, is also on the execution list. If executed, he will be just a week older than Spencer.
Dominick Anthony Occhicone, who is 80, has spent nearly 40 years on death row for murdering his ex-girlfriend’s parents. He is scheduled for execution on July 28 and would become the second oldest person to be executed in the U.S., following Walter Moody Jr., who was executed at 83 in Alabama in 2018.
Interestingly, there are currently three inmates on Florida’s death row who are older than Occhicone.
Governor’s Discretion in Execution Scheduling
The decision to schedule these executions rests with the governor of Florida, which raises questions about the reasoning behind the consecutive execution dates. Maria DeLiberato, legal director of Floridians for Alternatives to the Death Penalty, points out that in Florida, the governor has almost complete control over execution timings. In many other states with the death penalty, courts handle this scheduling.
About half of Florida’s 242 death row inmates have exhausted their appeals and may receive death warrants at any moment. One family spent a year appealing to Governor Ron DeSantis to sign a death warrant for their loved one’s killer, illustrating the lengths families go to seek closure.
DeSantis has overseen a record number of executions, with nine already carried out this year alone. His office did not respond to requests for comments regarding these latest executions, but the governor has previously stated that his goal is to bring justice to victims’ families who have waited far too long.
“Some of these crimes were committed in the ’80s,” DeSantis said. “Justice delayed is justice denied.”
The Aging Population on Death Row
The average age of inmates executed in the U.S. has risen from the 30s to the 50s over the past fifty years, according to the Death Penalty Information Center. While some inmates committed their crimes later in life, many spend decades on death row due to lengthy appeals, often developing medical issues that complicate their executions.
Occhicone, for instance, is suffering from several age-related health problems. His attorneys have noted that he requires assistance with basic tasks, such as showering.
According to Supreme Court rulings, individuals who were under 18 when they committed their crimes cannot be executed. However, simply being old does not provide a legal basis to avoid execution, as noted by Gerod Hooper, an attorney with Florida’s Capital Collateral Regional Counsel. “You’d have to say it’s unconstitutional to execute this 80-year-old because he’s mentally deficient or lacks the capacity to be executed,” Hooper explained.
In some cases, inmates with dementia have avoided execution in states like Utah and Alabama, but in other situations, states continue to push for executions despite severe health issues in inmates.
Public Opinion on Executions
At the time of Patricia Gifford’s disappearance, Sochor was already on probation for a prior rape conviction. Frank Frandel, who grew up knowing Sochor, shared his views: “I could believe he could be violent like that.” He expressed no compassion for Sochor’s age, emphasizing that his father is still alive at 99. “He could live another 20 years,” Frandel noted. “So no, I don’t feel sorry for him being at that age.”
