Alabama Attorney General Steve Marshall issued a statement following the execution of Alan Eugene Miller at the William C. Holman Correctional Facility in Atmore, Alabama. This marks the second time Alabama has used nitrogen hypoxia as an execution method since it became available in 2018.
"Tonight was the second time Alabama used nitrogen hypoxia as the method of execution," said Marshall. "Many death-row inmates have elected the method of execution since the State made that choice available in 2018."
The Department of Corrections first used nitrogen hypoxia to execute Kenneth Smith in January. Smith had challenged this method in federal courts, appealing up to the U.S. Supreme Court, but his claims were not supported by substantial evidence.
Alan Miller also sued to stop his execution by nitrogen hypoxia, which he had chosen under state law. However, after extensive discovery and access to prison personnel and documents, Miller agreed to drop his suit and settle with the State.
Marshall authorized the execution to commence at 6:16 p.m., and it proceeded as planned. After losing consciousness, Miller's body exhibited some agonal breaths and slight movements associated with dying. His time of death was recorded at 6:38 p.m.
Miller's crimes date back to August 5, 1999, when he went on a murder spree in Pelham due to a petty grievance. He killed three men across two workplaces—Ferguson Enterprises and Post Airgas—using a handgun.
At Ferguson Enterprises, Miller shot Lee Holdbrooks nine times before delivering a fatal shot while Holdbrooks looked up at him. Christopher Yancy was paralyzed by an initial shot before being executed under his desk.
Miller then moved to Post Airgas where he shot Terry Jarvis five times before delivering another fatal shot behind a sales counter.
Miller later explained that he committed these murders because he believed his victims had spread rumors about him and confessed feeling better afterward. A jury convicted him of capital murder, sentencing him to death for these crimes.