Alan Miller Becomes the Second Death Row Inmate Executed by Nitrogen Hypoxia in the US

Alan Eugene Miller, convicted of multiple murders, was executed on Thursday evening at the William C. Holman Correctional Facility in Atmore, Alabama.

Second Execution with Nitrogen Hypoxia

Alan’s execution marked the second time the state had used nitrogen gas, a controversial method of execution known as nitrogen hypoxia. Miller, 59, was sentenced to death for the 1999 killings of Terry Lee Jarvis, Lee Holdbrooks, and Christopher Yancy, whom he murdered over suspicions they had discussed his sexuality.

The execution took place at 6:38 p.m. Miller’s last meal included hamburger steak, a baked potato, and French fries. Before the execution, he expressed his innocence, saying, “I didn’t do anything to be in here… I didn’t do anything to be on death row,” according to witnesses. His execution involved administering nitrogen gas, which led to involuntary movements as he struggled to breathe. He reportedly gasped for about six minutes before succumbing.

Execution Amid Controversy and Scrutiny

Miller’s execution has sparked debate over the use of nitrogen hypoxia, a method that has been met with both approval and concern. Nitrogen hypoxia forces the inmate to breathe nitrogen, displacing oxygen in their system and causing death by asphyxiation. The method gained popularity after lethal injection drugs became difficult to obtain. Proponents argue that it is humane, but critics, including witnesses to previous executions, describe it as agonizing.

In January, Kenneth Eugene Smith became the first person to be executed via nitrogen gas. His execution faced complications when he held his breath, causing delays. Witnesses reported that Smith appeared to thrash and writhe before eventually dying. Reverend Jeff Hood, a spiritual advisor for Smith, called the process “torture.”

Miller, who had previously filed a lawsuit to stop his execution, expressed concerns over the competence of the execution team. He doubted their ability to properly carry out the procedure and raised questions about the mask fitting his head. Despite his legal efforts, Miller reached a confidential agreement with the state, withdrawing his attempts to stop the execution.

A Controversial Legacy

Alabama Attorney General Steve Marshall defended using nitrogen hypoxia, stating that it was humane and effective. “In Alabama, we will not deny justice to the victims of heinous murders,” Marshall said, adding that the execution went as expected and without incident. Miller’s case also drew attention due to claims of mental illness at the time of his crimes. A forensic psychiatrist testified that Miller was mentally ill, but despite this, the state moved forward with his execution. Prosecutors were unable to secure a unanimous jury vote for the death penalty.

Currently, Alabama has 160 inmates on death row, and prisoners can choose between nitrogen hypoxia, electrocution, or lethal injection as their method of execution. With the recent rise in nitrogen hypoxia, at least 30 inmates have opted for this method. While its use continues to expand in other states like Mississippi and Oklahoma, the debate over the humanity and reliability of nitrogen gas in executions remains ongoing.