Execution fight for death row inmate could end Wednesday

Death Row inmate Scott Dozier is asking a court to hold no more appeals so he can die by lethal injection. (KSVN)

Scott Dozier wants to die. The state wants to kill him and has wanted to since he was sentenced to death a decade ago.

Dozier killed and mutilated Jeremiah Miller in 2002. Miller's torso was found in two pieces placed in suitcases and dumped in a valley apartment complex. It was a brutal crime. Now, there is a debate, both legal and moral about whether Dozier’s death should be or could be brutal as well.

Lauren Kaufman with the ACLU outlines a legal battle over death. They don't make the drug that Nevada long used in its executions so the state wants to use a never before used cocktail which includes Fentanyl.

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That cocktail is fine by Dozier, who told the court in September that he was determined. “I will write you a letter every week to tell you nothing has changed. I'll write it every Sunday," he said.

So a convicted killer sentenced to death wants to die. Why the controversy?

Medical experts testified that this cocktail might not be painless. In fact one of the drugs might paralyze him, unable to breath suffering from “air hunger.”

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There are 80 other people on death row in Nevada, so if the state can kill one with an unknown cocktail of drugs. Legally they could use it on the others.

"It doesn’t just effect Scott Dozier," Kaufman tells us. “It's not just what’s going to happen a week from today but not only the 80 other inmates but this is also the first time that Fentanyl is being used in an execution.”

A decision on Dozier’s execution is expected to come on November 8. If the judge approves he is scheduled to die on November 14.

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