The state of Tennessee has executed a man with an implanted defibrillator despite concerns that the medical device could attempt to restart his heart, thereby prolonging his death. On Tuesday, state officials administered a lethal injection to Byron Black, a 69-year-old man convicted for a 1988 triple homicide. Black’s death came after his lawyers failed in a last-ditch effort on Monday to halt the execution, on the basis that the defibrillator would continually try to shock his heart as he died.
The Eighth Amendment of the US Constitution bars cruel and unusual punishment, and Black’s lawyers argued that executing him without first disabling the defibrillator would violate that prohibition, as the shocks would cause him extreme pain. But the US Supreme Court allowed the execution to proceed, as did the state’s governor, Republican Bill Lee, who could have offered clemency. Prison officials confirmed that Black died at 10:43am local time (15:43 GMT).
The Associated Press reported that witnesses observed Black looking around the room and breathing heavily as the execution started. Shortly afterwards, he reportedly told a spiritual adviser he was in pain. “Oh, it’s hurting so bad,” Black reportedly said. “I’m so sorry. Just listen to my voice,” the advisor was heard to respond. The execution has raised concerns about the use of lethal injections in individuals with medical implants.
Black’s lawyers had pointed to the 69-year-old’s numerous health conditions as reasons not to execute him. He reportedly suffered from dementia, brain damage, kidney failure and heart damage that necessitated his use of an implantable cardioverter-defibrillator. Critics argued Black’s intellectual disabilities alone should have made him ineligible for the death penalty.
Black’s death marks the 28th court-ordered execution in the US this year, and the second in Tennessee since May. Executions in the state had been on hold for the past five years, first because of the COVID-19 pandemic and later because of revelations that lethal injections had failed to undergo necessary testing to ensure their safety. The state responded by commissioning an independent investigation to follow up on the concerns, which revealed loopholes in the protocol for acquiring and administering the injections.
The number of executions nationwide in 2025 is slated to be the highest since at least 2015, when 28 people overall were put to death. At least eight other people are scheduled to die this year as part of court-mandated executions, and US President Donald Trump has signalled his support for expanding the use of the death penalty during his second term.