Second death row inmate facing nitrogen hypoxia seeks interim injunction to avoid ‘horrific scene’

Alan Eugene Miller, a death row inmate in Alabama awaiting death by nitrogen hypoxia, is asking a federal court to halt executions over the last execution by gas in that state.

“The State has executed only one person, Mr. Kenneth Smith, under this protocol,” the filing states. “The execution was a disaster. Several eyewitnesses described a horrific scene in which Mr. Smith was writhing on the gurney and foaming at the mouth.”

Miller claims the state has kept its protocol secret and is not investigating possible deficiencies.

“And instead of admitting its mistakes, the state is now attempting to execute Mr. Miller using exactly the same method,” the filing continues.

Miller’s execution is scheduled for between midnight on September 26 and midnight on September 27.

The state had previously attempted to execute Miller by lethal injection, but the execution was called off after officials could not find a vein. Death row inmates have been known to dehydrate before execution by not eating or drinking, thus botching the process.

Miller, a delivery truck driver, shot and killed three co-workers at two Shelby County businesses on August 5, 1999. He believed the victims were spreading rumors about him.

Christopher Scott Yancy and Lee Holdbrooks were killed at Ferguson Enterprises and Terry Lee Jarvis at Post Airgas.

Governor Kay Ivey had previously stated that the victims had no choice as to how they would die.

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