Why Some Killers Face the Death Penalty While Others Walk Free

"The kaiser blade used to attack Patrick"

When a tragedy hits the headlines — like the recent calls for the death penalty in the murders connected to Charlie Kirk or the young Ukrainian girl in North Carolina — the public rises up. People demand accountability. They demand the harshest punishment possible. And the system responds.

But in Arkansas, my family learned the hard way that accountability isn’t guaranteed.

On March 28, 2019, my husband, Patrick Massey, was murdered in one of the most brutal ways imaginable. He was shot 9 times with a shotgun — including in his feet, fracturing bones to make him suffer and leaving him unable to escape. Four of his fingers were cut off. He was attacked with a kaiser blade and a screwdriver. Finally, he was set on fire.

Patrick’s killer was charged with:

• Capital murder with aggravating circumstances

• Two counts of attempted capital murder (shooting at law enforcement)

• Aggravated assault (shooting his neighbor, Jerry Mauldin)

• Battery of another victim

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These are the kind of charges that usually carry life in prison or the death penalty.

Instead, in May 2024, Judge Stephen Shirron declared him Not Guilty by Reason of Insanity (NGRI) under Arkansas’ Act 911 of 1989 — after a hearing lasting less than an hour, with no jury. Instead of prison, he was sent to the State Hospital.

And the worst part: under Act 911, he can request a release hearing every 180 days. That means twice a year, my family must relive the worst day of our lives and face the possibility he might walk free.

This is not justice. This is a loophole in Arkansas law that values process loopholes over victims’ lives.

Patrick deserved better. Arkansas families deserve better. It’s time to reform Act 911 of 1989.

— Ann Massey