Seventeen years after Ralph Menzies was sentenced to die for kidnapping and killing a Kearns gas station attendant, a judge has set a date for his execution.
Third District Judge Leslie Lewis signed Menzies' death warrant Thursday and set a Nov. 10 date for the execution. Menzies has opted to die by lethal injection, Utah State Prison spokesman Jack Ford said.
Menzies, 45, was convicted in 1988 of the Feb. 23, 1986, kidnapping and murder of Maurine Hunsaker, a 26-year-old mother of three who was working at a convenience store, 3999 W. 4700 South. Her body was found two days later in the Storm Mountain area of Little Cottonwood Canyon.
Maurine Hunsaker's eldest son, Matt Hunsaker, 28, told Lewis Thursday that it was time for justice to be served.
"The court needs to say enough is enough and sign the warrant that puts the bullet in this man," said Matt Hunsaker, who is now older than his mother was the day she died. "This man right here tied my mom to a tree, and strangled her and slashed her throat and left her to die like an animal. It is enough to do what is right and sign (the warrant) today."
Lewis said she saw no impediment to signing the warrant but told assistant Utah Attorney General Thomas Brunker and Elizabeth Hunt, Menzies' attorney, that she wanted a few hours to consider the issue before making a final decision.
Hunt had argued that Lewis should not sign the warrant because Menzies has an appeal for post-conviction relief pending before 3rd District Judge Pat B. Brian. Those arguments are to be heard Sept. 22 and a ruling deadline is set for Dec. 1 — weeks after the Nov. 10 execution date. Utah legal rules provide for a stay to remain in place when other issues are pending, she said.
Brunker countered that Brian had set the Dec. 1 deadline when no death warrant was in place and that the now-signed warrant could expedite that ruling. He also said Menzies and his counsel had dragged out the post-conviction relief, allowing some 16 months to pass between the filing of the initial court documents and the Sept. 22 hearing.
Brunker also reminded Lewis that Menzies still has the option to file an appeal in federal court.
This is the third time a date has been set for Menzies' execution. Earlier death warrants were stayed pending appeals. Given that Menzies can still appeal to the federal bench, it is likely this warrant will also be stayed.
Menzies sought a new trial in 1990 when his attorneys maintained that court transcripts were riddled with errors and therefore impossible for an appellate court to review. That request was denied by both the district court and, on appeal, by the Utah Supreme Court, which had already upheld the original conviction.
In court Thursday, Matt Hunsaker told Menzies that he would continue to seek justice for his mother and her family.
"I will be here to watch you walk in and out of court every time you drag us back here," he said. "And one day, I will be walking out of the prison and you will be taken out in a body bag."
E-MAIL: jdobner@desnews.com