The Tennessee Department of Corrections has refused condemned inmate Edmund Zagorski’s request to be executed by electric chair. 

Monday night his attorney called it “the lesser to two evils.” 

Nashville Criminal Defense Attorney David Raybin talked to News 2 about why he believes they refused and what Zagorski’s attorneys may do about it.  

“It could mean several things, it means that they may not be able to meet the request because they may not have the equipment in order, ready to go by Thursday night. The bottom line is this…under Tennessee law, a person who was sentenced to death prior to 1999 has a right to choose: death by electrocution or death by lethal injection,” said Raybin. “They would file a motion with chancery court to compel the Department to administer death by electrocution and to prohibit death by lethal injection.” 

Raybin also said he believes if the defense filed that motion, it would be honored. 

News 2 also spoke with the District Attorney Ray Whitley, who prosecuted the case back in 1984. 

He says while time has passed, the memory of the crime that Zagorski committed hasn’t faded. 

So, he fights for the victims. It’s one of the reasons why Whitley said he believes in his work.  

Especially, when a crime is as gruesome as the one committed by Edmund Zagorski, he says.  

“He shot them, slaughtered them by cutting their throats, he stole their property, he stole the money, he stole the truck that they arrived in.” said Whitley.  

That was in 1983. In 84, Zagorski was sentenced in the deaths of John Dotson and Jimmy Porter, two men who were trying to buy marijuana from him. 

Ray Whitely was the DA of Robertson County at the time.  

“There never was any marijuana, he never intended to provide any marijuana, but he intended to kill them like he did.”  

Zagorski has sat on death row for 34 years, and on Thursday, his life is scheduled to end by lethal injection. Although Zagorski’s attorney has said her client would prefer to be electrocuted.  

 “The law has been held up to be constitutional for either method, and the time has come.”  said Whitley. 

He added that however Zagorski is executed — it’s about justice.  

“It was a very violent, brutal case. He not only killed two people and left them to decompose out in the woods in the month of April, he went to Ohio and got involved in a shootout with law enforcement officers up there.”   

He said he hasn’t forgotten Zagorski’s actions.  

“You don’t forget a case when you ask a jury to sentence a person to death.”  

The family’s memory of the crime is even more vivid, and he believes its time for the judicial process to be carried out.  

 “This is a case where there is no doubt whatsoever that Edmund George Zagorski committed the crimes that he was convicted of. I think it’s time for the law to be followed.”  

News 2 is waiting to hear back from TDOC to see why Zagorski’s request was denied and if a new motion has been filed. 

Zagorski is currently on death watch, where guards are monitoring his behavior. Wednesday, he will order his last meal and the chaplain will confirm funeral arrangements.