Execution postponed for convicted Las Vegas murderer who wants t - FOX5 Vegas - KVVU

Execution postponed for convicted Las Vegas murderer who wants to die

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Scott Dozier appeared via video conference on Nov. 9, 2017. (Jason WesteRhaus/FOX5) Scott Dozier appeared via video conference on Nov. 9, 2017. (Jason WesteRhaus/FOX5)

A judge postponed the voluntary execution of a convicted Las Vegas murderer on Thursday. 

Attorneys had been arguing whether a paralytic can be used, for the first time, as part of the lethal injection cocktail for Scott Dozier. The judge said the execution could move forward without the paralytic, but the Department of Justice wants to use it during the execution.

Judge Jennifer Togliatti said she was concerned with the possibility of "air hunger" caused by the paralytic. Defense attorney David Anthony described it as a "conscious suffocation." He argued the uncertainty of the new drug makes it significantly more likely that the execution becomes "hellish experience."

"It would be coughing. Choking. Moving around. Groaning. Things that I've -- I've read a lot of stuff about anecdotal evidence from other botched executions, so I think I understand when they're going bad," Anthony said. "A person's in distress, they say the chemicals aren't working... They haven't been able to produce medical testimony that it's necessary. The harm in using it is that it would mask symptoms."

An appeal will be filed over the weekend by the Department of Justice. Even though Dozier insisted he wants to die, his attorneys did not object.

The Nevada Supreme Court is now expected to get involved and make a ruling.

A new execution date has not been set for Dozier.

Dozier appeared via video on Wednesday and told a judge there is a "98.76 percent" chance he will not change his mind about his intent to die. He said he would prefer not to be killed with a paralytic, but his main priority was death on Nov. 14.

"I would request that we do it without the paralytic, but I more than anything want it to be done on the 14th," Dozier said on Wednesday.

RELATED: Convicted Las Vegas murderer: '98.76 percent' chance I'll be executed next week

The judge scheduled a status check for Dec. 7. It's unclear how long it could take before the Nevada Supreme Court makes a ruling or schedules a hearing.

Stay with FOX5 and FOX5Vegas.com for developments. 

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