Death row inmate set to die by controversial new method that’s only ever been used once before

A death row inmate in the US could be facing a nitrogen-gas death, which has only been used once before.

Alan Eugene Miller has been on death row in Alabama since 2000 for the 1999 murders of Lee Holdbrooks, Scott Yancy, and Terry Jarvis.

The attorney general has asked the state's Supreme Court to set a date for the execution of Miller and suggested nitrogen be used.

The method involves breathing in nitrogen through a respirator placed over the inmate's nose and mouth - killing them as a result of oxygen deprivation.

The attorney general office said: “The State of Alabama is prepared to carry out the execution of Miller’s sentence by means of nitrogen hypoxia.”

Alabama Department of Corrections

Miller had been scheduled to be executed in September 2022, but officials were unable to find a vein to inject.

The convicted killer said staff spent more than an hour attempting to find a vein and even resorted to hanging him vertically to try and get the needle in.

Following the failed execution, the state said it would not attempt to use the lethal injection on Miller again.

If his execution goes ahead, Miller will only be the second person to be put to death by nitrogen hypoxia.

Last month, Kenneth Smith became the first inmate to be executed with nitrogen.

The Alabama Department of Corrections tried to give Smith a lethal injection in 2022, but called it off when authorities could not connect the two intravenous lines required to execute him.

In 2023, Alabama Attorney General Steve Marshall filed a motion to use a new death penalty method of nitrogen hypoxia on Smith.

The use of nitrogen hypoxia is authorised by three states (Alabama, Oklahoma and Mississippi) but had never been used prior to Smith’s execution.

Getty stock images

The state attorney's general office said during a December court hearing that the method would 'cause unconsciousness within seconds, and cause death within minutes'.

His execution came after veterinary scientists in the US and Europe saying that nitrogen hypoxia is unacceptable for most small mammals other than pigs.

The decision was received backlash from the UN high commissioner for human rights in Geneva, who said 'suffocation by nitrogen gas' is classed as torture and is inhuman.

Smith's attorney also appealed against the decision and alleged that his client would be used as a 'test subject'.

Sharing his final words, Smith said: "Tonight, Alabama causes humanity to take a step backward.

"Humanity rose up….I am leaving with love, peace, and light…..I love you. Thank you for supporting me. I love all of you."

Topics: Death Row, US News, Crime

Claire Reid

Claire is a journalist at LADbible who, after dossing around for a few years, went to Liverpool John Moores University. She graduated with a degree in Journalism and a whole load of debt. When not writing words in exchange for money she is usually at home watching serial killer documentaries surrounded by cats. You can contact Claire at [email protected]