UPDATE (Jan. 30, 3:10 p.m.): On Tuesday afternoon the Idaho Department of Correction and Idaho Maximum Security Institution received the death warrant for Thomas Eugene Creech.
Creech pled guilty to First Degree Murder in 1981 and Judge Robert G. Newhouse imposed the death sentence in 1995, according to the court filing.
Creech’s execution date is scheduled for Feb. 28, 2024. Idaho code mandates the execution date be set within 30 days of a death warrant.
There was an existing death warrant for Creech, but that was put on hold as the state did not have the means to get the necessary drugs for a lethal injection and while a commutation hearing was held.
That hearing ended on Monday, Jan. 29 and Creech was denied the chance to turn his death sentence into life in prison without the chance of parole.
Idaho secured the chemicals necessary for a lethal injection in October 2023.
ORIGINAL STORY: Thomas Creech, Idaho's longest-serving death row inmate, will remain on death row after a commutation petition was denied by the Commission of Pardons and Parole on Monday.
Creech has been convicted of killing multiple people, including two men in Valley County in 1974, and most recently, beating another inmate, David Dale Jensen, to death in 1981 that he claimed was self-defense.
Three commissioners, who were not named in the decision, voted to recommend Gov. Brad Little grant the commutation to life in prison without the possibility of parole. The commission ultimately voted 3-3 and with the tied decision, the request was denied.
"This decision was not based on any doubt or question about Mr. Creech's guilt or the horrific nature of his crime," wrote the commissioners who recommended commutation in the decision. "The commissioners do not believe Mr. Creech is worthy of of mercy, but that discretion of the Commission allows for grace to be given even when underserved."
The three commissioners who voted to deny commutation said they do not believe Creech is worthy of grace or mercy.
"This decision was based on the coldblooded nature of David Dale Jensen's murder and the sheer number of victims that Mr. Creech has created over his lifetime, which shows that he does not place value on human life, other than his own."
They went on to write that if the Commission cannot uphold the death penalty in this case, "then the death penalty means nothing in the state of Idaho."
Gov. Brad Little issued the following statement about the commutation:
“As Governor, my job is to follow the law and ensure that lawful criminal sentences are carried out. Thomas Creech is a convicted serial killer responsible for acts of extreme violence. Our court system convicted Creech, and he was lawfully sentenced to death. As Governor, I have zero intention of taking any action that would halt or delay Creech’s execution. His lawful and just sentence must be carried out as ordered by the court. Justice has been delayed long enough."Gov. Brad Little
Deborah Czuba, the supervising attorney for the Capital Habeas Unit of the Federal Defender Services of Idaho provided this statement in a news release:
"We are grateful that half of the Commissioners chose grace over vengeance for Tom Creech. We believe the split vote clearly reflects the undeniable fact that Tom has made a remarkable turnaround during his 50 years in prison, becoming a deeply remorseful, compassionate and harmless old man who has wide support for clemency across the prison ranks and even from the judge who sentenced him. We are hopeful that the governor will still find a way to favor life and grant clemency. Either way, our fight is far from over and we will continue to do everything we can to spare Tom an execution."Deborah A. Czuba
