2025-07-31T19:30:06Z

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Imagine being sentenced to death, only to face a gruesome execution that might subject you to excruciating pain due to a malfunctioning heart device. This chilling reality is exactly what Byron Black, a 69-year-old death row inmate in Tennessee, is confronting as he prepares for his scheduled execution on August 5.

Black’s attorneys have raised the alarm regarding his implanted cardioverter-defibrillator (ICD), which is designed to keep his heart beating in emergencies. However, in the context of lethal injection, this device poses a terrifying risk: it could repeatedly shock him, battling against the very drugs meant to end his life. It’s a horrific scenario that raises serious ethical questions about the nature of capital punishment and what constitutes cruel and unusual punishment under the Eighth Amendment of the U.S. Constitution.

In May 2024, Black received the ICD, which functions as both a pacemaker and a defibrillator, potentially shocking his heart during the execution process as it tries to counteract the lethal effects of pentobarbital, a drug intended to slow down his heart. His legal team fears that instead of a swift execution, Black may endure prolonged agony, with the device fighting against the fatal drugs.

On July 18, a judge ruled that Black's heart device should be deactivated before the execution, and the Tennessee Department of Correction (TDOC) initially indicated they had arrangements with Nashville General Hospital to handle this sensitive procedure. However, the hospital later denied any such agreement, stating it would not participate in the execution process. This leaves a chilling question: who is responsible for ensuring that Black does not suffer unnecessarily during his final moments?

Kelley Henry, one of Black’s attorneys, articulated the dire seriousness of the situation in an email to Gizmodo, emphasizing that without proper deactivation of the ICD, his execution would become a “gruesome spectacle.” She stated, “The TDOC implanted this device, and it now wants to torture Mr. Black to death as his heart restarts, prolonging the execution.”

Adding to the complexity, Black suffers from multiple health issues, including congestive heart failure and advanced dementia, making him a particularly vulnerable individual. His attorneys have filed a motion for a stay of execution with the Tennessee Supreme Court, urging for a “modest, targeted stay” to address this device issue.

The specific model of the ICD implanted in Black is the Boston Scientific Dual Chamber ICD Resonate HF EL. His legal team argues that deactivating such a sophisticated device requires a trained cardiologist, something they claim is beyond the capabilities of general practitioners. Despite their arguments, the state maintains that Black would not feel the shocks, a claim his attorneys vehemently dispute, citing studies that show the extreme pain associated with such shocks.

Black’s criminal history includes the tragic shooting of his girlfriend and her two children in 1988, a violent crime committed in a jealous rage. As he awaits execution, his attorneys are calling for the governor to commute his sentence to life imprisonment, arguing that the risks associated with executing a frail and elderly prisoner like him are unprincipled and inhumane.

As discussions around capital punishment continue to evolve, this case shines a spotlight on the moral and ethical implications of the death penalty. Should the state be allowed to carry out an execution that might lead to unnecessary suffering, especially for someone who is already gravely ill? The looming question remains: will the state prioritize justice, or will it prioritize a procedure that many deem torturous?