INDIANAPOLIS — For the first time in over a decade, the Indiana Parole Board is considering clemency for a death row inmate. Benjamin Ritchie, who was convicted of murdering Beech Grove Police Officer Bill Toney in 2000, is scheduled to be executed on May 20th.


The board will send a recommendation to Governor Mike Braun regarding Ritchie’s request for clemency concerning his death penalty conviction. Toney's family and friends are adamant that the execution should proceed.


“Bill Toney gave to his family, friends and to the community he served. Benjamin Ritchie takes. He took from the Toney family 25 years ago, he took from the Beech Grove Police Department 25 years ago and he took from the community 25 years ago,” said Richard Witmer, former chief of the Beech Grove Police.

Ritchie's legal team argues that he should receive clemency and serve a life sentence instead. They cite Ritchie's undiagnosed fetal alcohol syndrome, claiming it should disqualify him from the death penalty.

“The problem that Ben had happen in his life was because early on, people weren’t aware; his family was not aware of what he suffered from," stated Mark Koselke, an attorney for Benjamin Ritchie.
“The evidence strongly shows that Mr. Ritchie’s disabilities played a significant role in what happened that night, and those are the very reasons why courts have decided that the death penalty should not be given to people with developmental disabilities,” said Sam Adams, senior attorney at Indiana Disability Rights.
However, the state and Toney’s family contend that Ritchie has shown no remorse for his actions and believe that it is time to honor the jury’s decision.

“We are here because we believe in a system that honors its protectors and punishes those who choose to destroy our peaceful towns,” said Dee Dee Horen, Officer Toney’s widow.
Ritchie is one of seven inmates on Indiana's death row, and according to the Death Penalty Information Center, only two people have been executed in Indiana in the past 18 years.