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Donald Harding


Donald Eugene Harding (March 1, 1949 – April 6, 1992) was an American criminal convicted of first-degree murder, armed , kidnapping, and theft for crimes committed in Arizona in January 1980. He fatally shot two victims, Martin L. Concannon and Robert A. Wise, during a in Tucson, binding and beating them beforehand, and was apprehended shortly after driving a stolen vehicle containing evidence from the scene. Representing himself at , Harding was sentenced to on each murder count in May 1982, with convictions affirmed by the . He was also linked to additional murders in and , contributing to his classification as a serial offender. Executed by lethal gas in State Prison on April 6, 1992—the state's first since 1976—Harding's took over ten minutes, marked by visible convulsions and struggles, drawing post-execution scrutiny over the method's efficacy.

Background

Early life

Donald Eugene Harding was born on March 1, 1949. His childhood involved abuse and neglect, including a that caused organic . From age 11 onward, Harding was institutionalized for nearly all subsequent periods outside brief intervals, initially in a juvenile from which he escaped, followed by repeated confinements in prisons and jails. He entered the adult system at age 17. Neurological evaluations later confirmed and consistent with early trauma.

Formative influences and initial criminal behavior

Harding's attorneys argued that his propensity for violence stemmed from organic incurred during a traumatic birth on March 1, 1949, in rural , where the wrapped around his neck, causing prolonged oxygen deprivation before medical intervention arrived. This claim was presented as a causal factor in his lifelong pattern of criminality and attempts during incarcerations, though it relied on retrospective psychological assessments rather than contemporaneous medical records. His upbringing involved familial instability, including an alcoholic father who abandoned the family early, contributing to reported psychological distress amid a backdrop of in a small community. Harding's documented criminal behavior commenced as a juvenile. At age 15, in 1964, he was convicted in Arkansas on four counts of burglary and three counts of grand larceny, offenses involving theft from residences and businesses. These convictions led to commitment at the Tucker Correctional Facility, a youth institution, where he reportedly engaged in multiple escape attempts, indicating early patterns of defiance and recidivism. Following release, Harding accumulated additional felony convictions through the 1960s and 1970s, including federal offenses, culminating in adult incarceration that preceded his 1979 jailbreak from an Arkansas facility and escalation into armed robberies across multiple states. This progression from property crimes to violent felonies aligned with a trajectory of institutional failures to deter repeat offenses, as evidenced by his parole in 1973 followed by swift reoffending.

Criminal Record

Pre-Arizona offenses and murders

In late , Harding embarked on a multi-state spree involving armed robberies and thefts. On December 17, 1979, he stole a from a used car lot in ; the vehicle was subsequently recovered abandoned in . The next day, , 1979, Harding committed an armed robbery in , entering Robert Svetgoff's motel room, pressing a to his head, and demanding his and car keys, which Svetgoff surrendered. Svetgoff positively identified Harding as the assailant during Harding's Arizona trial testimony. These offenses formed part of a pattern of escalating violence during Harding's transient period across the South and Southwest, with prosecutors in introducing the evidence to establish his propensity for armed confrontations preceding the local murders. Harding evaded immediate capture for these acts, continuing northward before entering on , 1980. While linked by investigators to additional violent incidents, including a death in for which he faced charges, Harding was not convicted on those pre- matters prior to his Arizona apprehensions.

Arizona murders and associated crimes

In January 1980, Donald Harding committed multiple violent felonies in as part of a robbery spree, resulting in three murders. On January 24, 1980, Harding burglarized a motel room in , during which he murdered the occupant in the course of the crime, leading to a separate conviction for first-degree murder. The following day, January 25, 1980, Harding targeted two businessmen, Robert Wise of Mesa and Martin Concannon of Tucson, at a motel in Tucson. He robbed them at gunpoint, bound them by hog-tying their hands and feet behind their backs, beat them severely, and then shot each multiple times, killing both. The Tucson incident involved additional charges of armed robbery, , and , as Harding forcibly detained the victims while demanding and taking their valuables before executing them. These acts fulfilled statutory aggravating factors under law, including committed for pecuniary gain and in an especially heinous, cruel, or manner, as evidenced by the prolonged suffering from binding, beating, and . Harding's method—using a to shoot the victims after subduing them—mirrored the brutality in the Phoenix murder, where he similarly fired multiple shots into the victim. No mitigating evidence altered the classification of these killings as premeditated felonies tied to robbery. Associated non-homicide crimes included the theft of vehicles and property to facilitate escapes and fund the spree, though these were secondary to the capital offenses. Harding's crimes formed the basis for two death sentences (for the Tucson murders) and a third (for ), all affirmed on appeal despite challenges to evidentiary admissibility and procedural fairness.

Investigation and Capture

Apprehension

On January 26, 1980, Donald Harding was apprehended in a parking lot on the campus in , after parking a stolen with Ohio license plates in a reserved faculty spot. A campus security officer, Robert Barger, approached Harding, who was wearing two jackets despite the mild weather and exhibited a southern accent inconsistent with the vehicle's out-of-state plates; Barger ran the license plate through dispatch, which reported the car as stolen and potentially connected to recent homicides in Tucson. Backup officers arrived, and Harding was detained without resistance; a pat-down search yielded a .25-caliber automatic from his jacket pocket, later ballistically matched to the murders of and Martin Concannon. A black leather identification case in his possession contained a security guard badge, a special officer badge, a driver's license, and a partial driver's license—all issued to Ronald Gene Svetgoff, an Harding initially claimed during questioning, attributing discrepancies in appearance to recent and a haircut. The , confirmed as belonging to Concannon, held additional incriminating items, including a tan case, credit cards, and personal effects traceable to . At the time of arrest, the FBI's Flagstaff office identified Harding as a suspect in five murders and six armed robberies across multiple states, stemming from his ongoing crime spree that began after his release from an Iowa prison in September 1979. The apprehension effectively ended his multi-state rampage, which had included killings in Arizona and prior offenses elsewhere, with the seized evidence providing immediate links to the Tucson motel slayings committed the previous day.

Key evidence and investigative developments

Harding was arrested on January 26, 1980, at approximately 5:30 p.m. in a reserved parking lot at in Flagstaff, while driving a stolen belonging to murder victim Martin Concannon. A campus police officer, directing traffic during an event, questioned Harding about parking in a restricted area, noting his Southern accent and the vehicle's Ohio license plates, which prompted a records check revealing the car as stolen from Tucson. The arrest immediately linked Harding to the recent Tucson motel crimes, as the vehicle contained Gage's wallet and identification from the Phoenix murder, along with other incriminating items. Tucson police executed a on the recovered , uncovering key physical including a tan attaché case, credit cards, and KAR Products items stolen from victim ; Wise's ; and clothing consistent with witness descriptions. A .25-caliber automatic found on Harding's person during the was ballistically matched to the weapon used to shoot both Wise and Concannon on , 1980. Additional traces included human blood on a and shoes possessed by Harding, aligning with blood from the lamp used to bludgeon Wise. Fingerprints identified as Harding's were recovered from multiple items at the La Quinta Motel in Tucson, such as a do-not-disturb sign, a , , and a . Jeri Wise, Robert Wise's wife, provided identifying Harding as the nervous man who appeared at their Mesa home on , , inquiring about "Bob" while holding her husband's and wearing a rust jacket and burgundy shirt matching the assailant's description. A Northern Arizona University police guard also identified Harding as the driver of Concannon's stolen vehicle shortly before the arrest. During transport from Flagstaff to Tucson following the , Harding made incriminating statements, including "I deserve whatever I get" and an admission that might find on his burgundy shirt and shoes. These elements, combined with cross-jurisdictional links to prior robberies—such as a Texas witness identifying Harding's —solidified the investigative chain connecting him to the murders. The totality of physical, ballistic, , and testimonial was described in as overwhelming proof of Harding's guilt in the brutal killings.

Judicial Process

Trials and convictions

Harding faced trials in Arizona's Pima and Maricopa Counties for murders committed during a crime spree, resulting in three first-degree convictions and sentences for each. In Pima County , he was charged with two counts of first-degree for the killings of , a 32-year-old man shot during a robbery at his Tucson home on January 21, 1980, and Martin Konner, a 61-year-old store owner bound, beaten, and asphyxiated in his Tucson store on January 23, 1980; he was also charged with associated armed robberies and kidnappings. Convicted on all counts following a , Harding was sentenced to for each on May 26, 1982, with the affirming the convictions and sentences in State v. Harding, 137 Ariz. 278, 670 P.2d 383 (1983). In Maricopa County Superior Court, Harding was tried separately for the January 25, 1980, of Allan Gage, a 33-year-old man found asphyxiated in a motel room after being bound in a hog-tied position with tape, cord, and cloth gag; his wallet and vehicle were stolen, with the car recovered in Tucson and the wallet found in Harding's possession. Charged with first-degree (A.R.S. § 13-1105), (A.R.S. § 13-1902), and (A.R.S. § 13-1802), he was convicted by jury after on May 21, 1980, and received a death sentence for the , plus concurrent terms of 5 years for and 10 years for , all consecutive to the Pima County sentences and prior out-of-state terms. The upheld the verdict and penalty in State v. Harding, 141 Ariz. 492, 687 P.2d 1247 (1984), rejecting appeals on rights, evidentiary admissions of prior bad acts for , , and sentencing constitutionality. Prior to the Arizona offenses, Harding had been convicted in of first-degree for the December 20, 1978, shooting death of Frank J. McCarthy during a in Albuquerque, receiving a death sentence that contributed to his three capital sentences overall. habeas review of the convictions, including claims of incompetency to waive counsel and ineffective assistance, was denied by the U.S. District Court and affirmed by the Ninth Circuit in Harding v. Lewis, 834 F.2d 853 (9th Cir. 1987). Harding's direct to the challenged his 1982 convictions for first-degree murder, armed , , and theft, as well as the imposition of consecutive death sentences. The court affirmed the judgments on September 6, 1983, rejecting claims of ineffective assistance of pre-trial counsel, improper waiver of counsel for self-representation, suppression of , shackling during trial, admission of prior victim testimony and photographs, and erroneous . Aggravating factors cited included prior convictions, especially heinous/depraved manner of the murders, and pecuniary gain motive, with no sufficient mitigating circumstances found. A subsequent addressed speedy trial violations under Arizona Rule 8.1(e), improper juror excusal on death penalty views, admission of prior bad acts and a as , impeachment with multiple prior convictions, and the constitutionality of 's death penalty statute, including A.R.S. § 13-703(F)(5); these were also rejected, and convictions/sentences affirmed on March 13, 1984. Following affirmance, Harding waived his right to state post-conviction relief proceedings. He later filed a federal petition under 28 U.S.C. § 2254, arguing incompetence to waive counsel at trial, that the waiver was not knowing and intelligent, and that advisory counsel's advice constituted ineffective assistance under . The U.S. District Court for the District of dismissed the petition on August 1, 1986, finding Harding competent to waive counsel and the waiver voluntary, knowing, and intelligent based on trial court evaluations and psychiatric assessments. The Ninth Circuit Court of Appeals affirmed on December 21, 1987, holding no prejudice from advisory counsel's performance and upholding the competence determination under standards from Drope v. Missouri and Faretta v. California. Harding presented evidence of organic brain dysfunction on direct appeal, claiming it impaired his capacity to conform conduct to legal requirements at the time of the crimes, but the deemed it insufficient to outweigh aggravating factors or warrant reversal. Subsequent challenges to his waiver of post-conviction appeals, again citing incompetence due to issues including possible from childhood abuse and substance use, were denied by courts, which found no constitutional violation in permitting execution after exhaustion. The U.S. denied and a shortly before April 19, 1992, concluding legal challenges.

Execution

Method and procedural details

Donald Harding was executed by lethal gas in the gas chamber at State Prison Complex-Florence on April 6, 1992. The method utilized gas, generated through the of pellets dropped into . The standard Arizona gas chamber procedure at the time required securing the inmate to a metal chair bolted to the chamber floor within an airtight, glass-enclosed room designed to contain the gas. Witnesses, including officials, media, and selected observers, viewed proceedings from adjacent rooms separated by one-way glass. Upon the warden's order, a lever or trapdoor mechanism released the cyanide pellets from a container above a pan of sulfuric acid positioned beneath the chair, initiating gas release upward toward the inmate. The hydrogen cyanide inhibits cytochrome oxidase in cells, blocking oxygen utilization and causing rapid unconsciousness followed by death, typically within minutes under ideal conditions. Medical personnel monitored via and visual observation through the chamber's windows; pronouncement of death occurred once heartbeat cessation was confirmed, after which the chamber was ventilated to disperse residual gas before entry for body removal. This marked Arizona's first execution since the 1976 reinstatement of , adhering to state statutes authorizing gas as the default method prior to the post-execution shift toward .

Events during the execution

The execution of Donald Harding commenced shortly after midnight on April 6, 1992, at the Arizona State Prison Complex in , following the U.S. Supreme Court's denial of his final appeals. Harding, strapped securely to a metal chair within the and clad only in diaper-like undershorts with an electrocardiogram monitor attached to his chest, displayed defiance by extending both middle fingers in an obscene gesture toward witnesses as the blinds to the observation room were raised. At approximately 12:01 a.m., officials released a , dropping cyanide pellets into a of beneath the chair, which produced white fumes of gas that rapidly enveloped Harding's head. Harding inhaled the gas through quick breaths followed by gulps, after which his face contorted, turning red as his jaw clenched and veins bulged; witnesses observed him shuddering, gasping, and straining violently against the restraints, with his body convulsing in spasms, arms flexing, hands clenching into fists, and spittle drooling from his mouth. These movements persisted for several minutes, transitioning from intense convulsions to twitching, until Harding was pronounced dead at 12:11 a.m., 10 minutes and 31 seconds after the gas release. Witnesses, including reporters and state officials positioned in adjacent rooms, reported audible thumping from the chair and visible signs of distress through the chamber's glass windows, though some accounts noted that such prolonged reactions aligned with typical executions due to the gas's mechanism of inducing cellular asphyxiation. No medical intervention occurred during the process, as per standard protocol for the method then in use in .

Controversies and Debates

Claims of botched execution and humane concerns

The execution of Donald Eugene Harding on April 6, 1992, in Arizona's at the state prison in elicited immediate claims of a botched procedure due to the inmate's extended visible distress following the introduction of lethal gas. At approximately 12:08 a.m., after Harding was strapped into the chamber and the cyanide pellets were dropped into a basin of to release gas, witnesses observed him remaining conscious and reacting violently: he strained against restraints, convulsed, gasped audibly, struck the chamber's metal walls with his hands and head, and appeared to hold his breath in futile resistance. These manifestations persisted for at least 10 minutes, with Harding not pronounced dead until 12:18 a.m. MST, roughly 10 to 11 minutes after gas release, though some accounts extended the total process to 18 minutes including preliminary phases. Critics, including death penalty opponents and some legal observers, characterized the event as inhumane, arguing that the prolonged asphyxiation—caused by cyanide's interference with cellular oxygen utilization—inflicted conscious suffering akin to or suffocation, potentially violating the Eighth Amendment's ban on . Witness testimonies, including from media, attorneys, and family members of victims, described the scene as "gruesome" and "horrifying," with sounds of retching and banging audible through the chamber's glass and metal structure, amplifying perceptions of unnecessary agony. Harding's choice of gas over —made despite available alternatives in some states—did not mitigate these claims, as proponents of reform highlighted the method's inherent variability, including gas dispersion inconsistencies and individual physiological responses. Defenders of the execution process, including state officials and some advocates, countered that Harding's reactions aligned with expected physiological effects of , such as involuntary convulsions from buildup and , rather than procedural failure like inadequate gas concentration. Department of Corrections personnel maintained that the apparatus functioned as designed, with post-execution reviews attributing delays to Harding's robust physical condition (he was 43 years old and weighed about 200 pounds) and deliberate breath-holding attempts, not equipment malfunction. Nonetheless, the public and legislative backlash—fueled by televised excerpts and graphic media reports—intensified debates over gas chambers' reliability compared to emerging protocols, leading Fife Symington to sign legislation in May 1992 authorizing injections as the primary method, first implemented in 1993. This shift reflected broader concerns that visible suffering undermined the penal system's goal of dignified finality, though empirical data on cyanide's onset (typically 30-60 seconds to unconsciousness in controlled veterinary ) suggested human variability could prolong distress without constituting a "botch" per strict definitions requiring error.

Retributive justice and death penalty efficacy arguments

Supporters of in Harding's case argued that demanded execution due to the especially heinous, cruel, and depraved nature of his murders, as determined by the , which cited the cold-blooded shootings of Robert and Claudia Barnes during a 1980 motel robbery, where Harding fired multiple times at close range after demanding . Additional aggravating factors included Harding's prior felony convictions involving violence and the murders' commission for pecuniary gain, outweighing any mitigating evidence such as his claimed brain dysfunction, thereby rendering death the proportionate response to restore moral balance and affirm the value of innocent lives taken. Victims' family members echoed this, with one widow stating that Harding's execution, despite its gruesomeness, provided personal peace and closure, underscoring retribution's role in addressing the profound loss inflicted by such offenders. On death penalty efficacy, advocates contended that executions like Harding's reinforce deterrence by demonstrating the state's unwavering commitment to severe consequences for premeditated , potentially preventing future through rational fear of irreversible punishment. Econometric analyses, drawing from multiple U.S. jurisdictions, estimate that each execution averts approximately 18 murders on average, attributing this to the unique marginal deterrent power of capital sanctions over , as offenders weigh the certainty and finality of death. In specifically, Harding's 1992 execution prompted quasi-experimental scrutiny of its impact on local homicide rates, with proponents arguing that heightened publicity around any execution—gruesome or not—amplifies general deterrence by embedding awareness of capital consequences among potential criminals, even amid debates over short-term versus long-term effects. These arguments prioritize empirical correlations from across states, positing that inconsistent findings in isolated cases like Arizona's reflect methodological challenges rather than absence of , and emphasize that itself bolsters social norms against violence independently of measurable deterrence.

Aftermath and Impact

Immediate reactions and policy changes

The execution of Donald Harding on April 6, , elicited widespread among witnesses and media observers due to his reported violent convulsions, gasping, and struggles lasting over 10 minutes before was pronounced. officials and the public were gripped by grisly accounts, with one media witness describing the scene as evoking "a movie," prompting immediate debates on the of lethal gas as a method. While supporters, including some ' members, maintained that execution was justified retribution, the spectacle intensified calls from opponents and even some proponents for a less visibly agonizing alternative. In response, Arizona Governor Fife Symington and legislative leaders acknowledged the execution's disturbing nature, accelerating discussions on reforming procedures already under consideration earlier in 1992. The event provided momentum for Proposition 126, a measure to authorize as the primary execution method, which had faced limited traction prior to Harding's death. On November 3, 1992, voters approved the change by a wide margin, effectively replacing lethal gas—used since 1933—with for future executions, though inmates could opt for gas until further restrictions. This policy shift reflected a pragmatic response to empirical evidence of gas chamber failures, aiming to streamline executions while preserving the death penalty's application, without broader abolition efforts gaining ground at the time. No immediate moratorium on executions occurred, but the reform set a influencing other states' reviews of gaseous methods amid similar humane concerns.

Long-term effects on capital punishment practices

The botched nature of Donald Harding's April 6, 1992, execution by in , which lasted approximately 10.5 minutes amid visible convulsions and labored breathing, prompted swift legislative and voter-driven reforms to the state's protocol. In response, voters approved Proposition 124 in November 1992, replacing the with as the default method for executions, though inmates sentenced to death prior to November 9, 1992, retained the option to choose gas. This change was explicitly motivated by the perceived inhumanity of Harding's prolonged death, as evidenced by legislative debates and public testimony highlighting the method's unreliability and spectacle. Over the subsequent decades, the policy shift entrenched as Arizona's primary execution method, with all post-1999 executions—totaling over 30 by 2024—conducted via injection, following the last use on Walter LaGrand in February 1999, who had opted for it under the . This transition aligned Arizona with a national trend, where by the mid-1990s, most death penalty states had adopted or were adopting to minimize visible suffering and legal challenges under the Eighth Amendment's prohibition on . Harding's case, documented in post-execution reviews as exemplifying 's variability due to factors like pellet deployment and ventilation, contributed to empirical data underscoring injection's purported advantages in achieving rapid unconsciousness, though subsequent botched injections revealed persistent risks such as vascular access failures. Long-term, the Harding execution influenced practices by reinforcing a causal emphasis on methodological predictability and observer detachment, informing state protocols that prioritize pharmaceutical sequencing over gaseous agents to reduce litigation over pain infliction. However, it did not eliminate debates on efficacy; data from the indicates that while gas chambers were largely abandoned nationwide by the early 2000s, lethal injection's complication rate—estimated at 7.1% for visible issues like prolonged procedures—has sustained arguments for alternative methods, including recent proposals in to reinstate gas amid drug shortages, though these were not enacted and remain distinct from Harding-era reforms. The event thus exemplified how singular high-profile failures can drive incremental procedural evolution without broader abolition, as execution volumes in stabilized at low annual rates post-, averaging fewer than two per year through 2020.

Victims

Profiles and circumstances

Robert Wise, a businessman from , and his business partner Martin Concannon, a Tucson resident, were murdered on January 25, 1980, in a Tucson motel room during a committed by Donald Harding. Both men were hogtied, with Wise beaten using a and Concannon gagged with socks, before being shot in the head and chest at close range. Their bodies were found the next day, facedown on pillows with personal items stolen, including Wise's clothes and briefcase as well as Concannon's automobile. Harding, who had stolen a from another earlier, targeted the pair after encountering them at the ; autopsies confirmed Concannon's from a chest wound perforating the , while died from similar gunshot trauma. Later that evening, Harding used Concannon's stolen car to drive to , where he murdered Allan Gage, another linked to the spree, by shooting him during an additional robbery. These killings formed the basis of Harding's capital convictions, with and Concannon's professional relationship underscoring the opportunistic nature of the attacks on traveling businessmen.

Family perspectives and unresolved impacts

Jeri Wise, widow of victim , testified at that Harding visited her Mesa home on January 25, 1980, the day of the murders, presenting her husband's and inquiring about him before departing abruptly due to the presence of the family dog. This encounter aided in linking Harding to the crimes, as he was arrested the following day driving Martin Concannon's stolen vehicle. In a 2021 opinion piece, Wise described the execution's emotional resolution, stating that Harding's death by lethal gas on April 6, 1992, brought her "some peace" despite failing to erase the enduring pain of her husband's loss to a random robbery-murder during a business meeting. She emphasized that such serves victims' families by affirming , countering arguments against methods amid debates over Arizona's execution practices. No public statements from the families of Martin Concannon or Allan Gage regarding the execution or its aftermath have been documented in available records. The 12-year interval between the 1980 murders and Harding's execution prolonged , potentially exacerbating familial through repeated appeals and stays, though Wise's account highlights partial via finality rather than full resolution. Persistent from the victims' brutal bindings, shootings, and suffocations underscores unresolved psychological impacts, with Wise noting the inadequacy of execution to fully mitigate long-term suffering.

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