AURORA | The United States Supreme Court on Tuesday declined to hear Nathan Dunlap’s appeal, paving the way for the man who killed four people at an Aurora Chuck E. Cheese to be put to death.
Dunlap’s appeal was one of dozens that the Supreme Court said Tuesday they would not hear arguments on.
An appeal to the Supreme Court was seen as many observers as Dunlap’s best chance at avoiding execution.
Phil Cherner, one of Dunlap’s lawyers, said the defense will “continue to do our best to protect Mr. Dunlap.”
In terms of continuing to appeal the death sentence, Cherner said there are several options, but he said it would be inappropriate to discuss those now.
Still, Cherner said Dunlap’s lawyers are hoping for an outcome that spares Dunlap the death penalty and keeps him behind bars for life.
“The fair outcome here is for Mr. Dunlap to spend the rest of his life in prison without the possibility of parole,” he said. “We understand the extreme damage done to the victims and their families, but taking Mr. Dunlap’s life rather than confining him to a life in prison won’t solve that problem and provide any other relief.”
In recent years, Dunlap’s lawyers have filed several appeals arguing that his lawyers at trial botched the defense. Each time, state and federal courts have rejected those arguments.
Dunlap, 38, was sentenced to death in 1996 for killing four people at the children’s pizza restaurant in 1993. He is also serving lengthy sentences for other crimes, including the robbery of an Aurora fast-food restaurant.
If he is put to death, Dunlap’s would be the state’s first execution since Gary Lee Davis’ in 1997.
The next step in the case is for prosecutors in the 18th Judicial District, which prosecuted Dunlap of the slayings, to seek a death warrant.
In a statement Tuesday, District Attorney George Brauchler said the Supreme Court’s decision was appropriate.
“I will continue to seek imposition of the death sentence in this case, in the interests of justice. Our office has spent nineteen years prosecuting Nathan Dunlap for the preplanned and deliberate murders of the unsuspecting three teenagers and one adult victim who had the terrible misfortune to be working the night shift on December 14, 1993 at Chuck E. Cheese in Aurora,” he said.
Former District Attorney Jim Peters, who was the county’s top prosecutor at the time of Dunlap’s trial, said Dunlap has had his day in court, and the execution should go forward.
“The Criminal Justice system has provided Mr. Dunlap ample opportunity to appeal his case. On behalf of the victims’ families Mr. Dunlap’s case should be concluded and the execution ordered by his jury should be carried out,” he said.
It’s not clear when Dunlap could be executed. According to Colorado Department of Corrections rules, Dunlap will be transferred from his cell at the Sterling Correctional Facility in northeast Colorado to the Colorado State Penitentiary in Canon City the week of his execution.