Alan Eugene Miller Set for Nitrogen Execution After Surviving Lethal Injection

Alabama has scheduled a second nitrogen gas execution, months after becoming the first state to carry out the previously untested method.

Alabama Gov. Kay Ivey has scheduled Alan Eugene Miller’s execution for September 26. Miller was convicted of killing three men during a 1999 workplace shooting. The governor’s office stated that the execution would be carried out using nitrogen gas. Miller survived a 2022 fatal injection attempt.

The governor’s action came one week after the Alabama Supreme Court ordered the execution. In January, Alabama executed Kenneth Smith with nitrogen gas. Smith trembled and convulsed on a gurney for several minutes before being executed on January 25.

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A nitrogen hypoxia execution kills the inmate by forcing him or her to breathe pure nitrogen, depriving them of the oxygen required to maintain body functions. Alabama and other states are looking for new ways to execute criminals because the medicines used in lethal injections, the most prevalent form of execution in the United States, are becoming increasingly difficult to get.

Miller is currently suing in federal court, claiming that the execution technique violated the constitutional prohibition on cruel and unusual punishment, citing witness accounts of Smith’s death.

“Rather than address these failures, the State of Alabama has attempted to maintain secrecy and avoid public scrutiny, in part by misrepresenting what happened in this botched execution,” the attorneys stated in the case. His attorneys are expected to request that a federal judge stay the execution.

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Attorney General Steve Marshall stated that Smith’s execution was “textbook” and that the state would seek to carry out further death sentences with nitrogen gas. Miller has been on death row since 2000, and state attorneys say it’s time to carry out his punishment.

Miller, a delivery truck driver, was found guilty of killing Terry Jarvis, Lee Holdbrooks, and Scott Yancy in the workplace killings.