Skip to main content

Alabama has executed Alan Eugene Miller, the 2nd inmate known to die by nitrogen gas

Alan Eugene Miller was executed Thursday evening in Alabama, state officials said, making him the 2nd inmate known to die by nitrogen hypoxia, a controversial method critics say is tantamount to torture.

Miller, 59, who was sentenced to death in 2000 for the 1999 killings of 3 men, was pronounced dead at 6:38 p.m. at a prison in Atmore, Alabama Department of Corrections Commissioner John Hamm said at a news conference.

Miller shook and trembled on a gurney for about 2 minutes, with his body at times pulling against restraints, according to The Associated Press, which had a reporter witness the procedure. The shaking and trembling was followed by about 6 minutes of periodic gasping breaths, the AP reported.

“I didn’t do anything to be in here,” Miller said in his final words, which at times were muffled by a mask that covered his face from forehead to chin, according to the AP.

Miller was fitted with the mask during the procedure, during which nitrogen gas flowed for about 15 minutes, Hamm said. In response to a reporter’s question, Hamm confirmed the 2 minutes of shaking, which he said was to be expected.

“There’s going to be involuntary body movements as the body is depleted of oxygen. That is nothing we did not expect,” Hamm said at the news conference.

“Everything went according to plan and according to our protocol, so it went just as we had planned,” Hamm said.

At one point, a corrections officer had to adjust Miller’s mask, Hamm confirmed in response to a reporter’s question. “That’s just making sure the mask is fitted,” Hamm said.

“Tonight, justice was finally served for these 3 victims through the execution method elected by the inmate,” Alabama Gov. Kay Ivey said in a release. “His acts were not that of insanity, but pure evil. Three families were forever changed by his heinous crimes, and I pray that they can find comfort all these years later.”

Miller’s execution came after a yearslong chain of events surrounding how he would be put to death: He first requested death by nitrogen hypoxia, but the state said it wasn’t prepared to use the method, and it then attempted to execute him by lethal injection in September 2022. That attempt, however, was called off, with state officials saying they couldn’t access Miller’s veins before the execution warrant expired.

The state subsequently agreed not to execute Miller using any method other than nitrogen hypoxia. But then Alabama executed Kenneth Smith early this year by nitrogen hypoxia in what is believed to be the first execution by that method. Witnesses said Smith was shaking and writhing on the gurney for minutes before dying.

Miller then challenged the state’s nitrogen hypoxia protocol in a federal lawsuit, claiming it could cause him undue suffering, thus violating his Eighth Amendment protections against cruel and unusual punishment. The suit, however, was settled last month.

The terms of the settlement were confidential, though state Attorney General Steve Marshall touted it as proof Alabama’s nitrogen gas execution method is constitutional.

“The resolution of this case confirms that Alabama’s nitrogen hypoxia system is reliable and humane,” Marshall said in August.

Proponents of the nitrogen hypoxia execution method, which replaces oxygen breathed by an inmate with 100% nitrogen, say a person would likely lose consciousness shortly into the procedure, making it more humane than other execution methods. However, doctors have said that they could not pinpoint if or when a person will lose consciousness when exposed to high concentrations of nitrogen gas.

CNN has repeatedly reached out to lawyers for Miller for comment on his settled lawsuit and execution.

On Thursday in the hours before the execution, Miller had nine visitors and had a final meal of hamburger steak, baked potato and French fries, the Alabama Department of Corrections said.

The 1999 crime


Alan Eugene Miller
Miller has been staring down the end of his life for more than 2 decades. He was sentenced to death in 2000 for the 1999 murders of Lee Holdbrooks, Scott Yancy, and Terry Lee Jarvis.

Miller had worked with each of the victims and became upset when he believed the 3 “spread rumors about him,” according to a release from the Alabama attorney general’s office.

On the morning of August 5, 1999, Miller shot two of the 3 men at Ferguson Enterprises in Pelham, Alabama, according to court documents.

“I’m tired of people starting rumors on me,” Miller said, armed with a pistol while walking out of his employer’s office, court documents say.

Yancy was shot 3 times, according to court documents, and was unable to move after the first shot, “traveled through his groin and into his spine, paralyzing him.”

Holdbrooks was shot 6 times and tried to crawl down a hallway to escape before Miller shot him in the head, “causing him to die in a pool of blood,” the documents say.

After killing Holdbrooks and Yancy, Miller headed to his previous employer, Post Airgas, where Jarvis worked.

Miller walked in and said, “Hey, I hear you’ve been spreading rumors about me.”

Jarvis replied that he had not been spreading rumors about Miller but moments later, Miller shot Jarvis “a number of times.”

Miller was later captured on the highway, court documents say, with “a Glock pistol with 1 round in the chamber and 11 rounds in the ammunition magazine.”

A forensic psychiatrist who testified for Miller’s defense determined he was mentally ill and suffering a delusional disorder, leading him to believe the victims were spreading rumors about him. The psychiatrist concluded, however, that Miller’s mental illness didn’t meet the standards for an insanity defense in Alabama.

“I feel that it has taken way too long to get here,” Tara Barnes, Holdbrooks’ widow told CNN Tuesday.

CNN has attempted to reach family members of Yancy and Jarvis.

In September 2022, Alabama officials tried to execute Miller by lethal injection, but failed because they could not access his veins within the required time limit.

Miller was scheduled to be executed by lethal injection after a US Supreme Court ruling vacated a lower court injunction in a long-running dispute over whether he would die by that method or nitrogen hypoxia.

Prior to that initial attempt, Miller and his attorneys had fought to ensure he would be executed by nitrogen gas, a method he had previously chosen but the state was not ready to use.

After the failed attempt, Miller was sent back to death row.

Miller and his attorneys filed their lawsuit challenging the state’s nitrogen hypoxia protocol after it was used for the first time in Smith’s execution.

Smith was sentenced to death for his role in a 1988 murder for hire and, like Miller, had previously survived a failed attempt to execute him by lethal injection in 2022.

The process of death by nitrogen gas involves forcing an inmate to inhale 100% nitrogen gas, depriving them of the oxygen needed to survive. But death by nitrogen gas has been criticized as experts have said it could lead to excessive pain or even torture.

During Smith’s execution earlier this year, he appeared conscious for “several minutes,” and for 2 minutes after that, he “shook and writhed on a gurney,” according to the media witness report.

That was followed by several minutes of deep breathing before his breath began slowing “until it was no longer perceptible for media witnesses,” the media witness report said.

“Clearly it was not the instant, painless death that they promised,” Dr. Jonathan Groner, a professor of surgery at The Ohio State University College of Medicine told CNN last week. “There’s a lot of suggestion that it wasn’t good, wasn’t pleasant.”

United Nations experts “unequivocally condemned” Smith’s execution and the use of nitrogen gas inhalation, saying in a statement it “was nothing short of State-sanctioned torture.”

“The use, for the 1st time in humans and on an experimental basis, of a method of execution that has been shown to cause suffering in animals is simply outrageous,” the UN experts said.

“The theory is that if you just get rid of all the oxygen, just breathing pure nitrogen, you won’t feel that intense pressure, like you’re holding your breath, right? It doesn’t really work out that way,” Groner, who’s studied capital punishment for more than 2 decades, said.

While Alabama is the only state that’s put this execution method to the test, it’s not the only state that’s adopted the use of the procedure. Louisiana, Oklahoma and Mississippi have also authorized death by nitrogen hypoxia, according to the Death Penalty Information Center.

— Miller becomes the 4th condemned inmate to be put to death this year in Alabama, and the 76th overall since the state resumed capital punishment on April 22, 1983. Only Texas (590), Oklahoma (126), Virginia (113), Florida (106), Missouri (100), and Georgia (77), have carried out more executions since the 1976 Gregg v. Georgia US Supreme Court decision which allowed states to resume executions after a 4-year moratorium.

— Miller becomes the 18th condemned inmate to be put to death this year in the USA and the 1,600th overall since the nation resumed executions on January 17, 1977, with the firing squad execution of Gary Gilmore in the Utah State Penitentiary.

Source: CNN, Staff; Rick Halperin, September 26, 2024

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Most viewed (Last 7 days)

Alabama executes Jeremy Williams

Tennessee and Oklahoma have put inmates to death within 30 minutes of each other, and Alabama followed suit hours later as U.S. states executed three men in one day. Tennessee and Oklahoma put inmates to death within 30 minutes of each other Thursday, and Alabama followed suit hours later as U.S. states executed three men by lethal injection in one day for the first time since 2010. The Tennessee man was executed for killing a maid at a motel in 1985, and the Oklahoma man for killing his girlfriend in 2003. In Alabama, a man was put to death Thursday evening for killing a 5-year-old girl he had paid her mother to abuse.

Tennessee executes Darrell Hines

The state has spent millions of dollars over decades to execute a seriously ill man who was already incarcerated. The state of Tennessee executed death row inmate Darrell Hines Thursday morning, according to an advocacy group.  No formal announcement of the execution has been issued by state leaders yet. The execution was slated for 10 a.m. Thursday at Riverbend Maximum Security Institution in Nashville. [DPN update] Hines was pronounced dead at 10:43 a.m. CDT. His last meal was fried chicken, mashed potatoes and gravy, coleslaw, corn, fries, biscuits, a chicken sandwich, chocolate chip cake, and sweet tea.

Alabama Set To Carry Out Execution This Week

Alabama is preparing to execute Jeremy Williams, who pled guilty to the 2021 rape and murder of five-year-old Kamarie Holland.  The execution is scheduled for Thursday (August 13) at the Holman Correctional Facility in Atmore, Alabama.  Williams, who is 41, requested the death penalty and waived his right to appeal, making this the first execution in Alabama this year.

Oklahoma executes Carlos Cuesta-Rodriguez

Oklahoma has carried out 1 of 3 executions set for the same day in the United States in another sign of the resurgence of the death penalty in the country.  Carlos Cuesta-Rodriguez was pronounced dead at 10:13 a.m. on Thursday, Aug. 13, at the Oklahoma State Penitentiary in McAlester.  He was put to death by lethal injection for the murder of his common-law wife in 2003 at their Oklahoma City home. He admitted to police he shot her twice during an argument.  Cuesta-Rodriguez, 70, did not fight for his life, stunning his attorneys in July when he told the Oklahoma Pardon and Parole Board that he didn't want clemency. "It's time for me to pay for what I did," he said. 

Tennessee set to execute Anthony Darrell Hines

Barring any last-minute interventions, the Tennessee Department of Correction will execute Anthony Darrell Hines by lethal injection at Riverbend Maximum Security Institution in Nashville Thursday morning. This week, two courts had the opportunity to halt the execution: the federal court in Middle Tennessee and the U.S. Supreme Court. Gov. Bill Lee announced Tuesday he personally would not prevent the execution. “After deliberate consideration of Anthony Darrell Hines’ request for clemency, and after a thorough review of the case, I am upholding the sentence of the State of Tennessee and do not plan to intervene,” he said in a written statement. The U.S. Supreme Court has not granted a stay or reprieve.

Tennessee | The doctor who helps put prisoners to death

Dr. Mark Fowler assisted in the failed execution of a Tennessee prisoner. Physicians are meant to heal patients—why is he working in the death chamber? Mark Fowler, a physician with 25 years’ experience, stepped beneath the bright lights and approached the middle-aged man lying on a gurney. Around him, people in medical gowns prepared needles and sterile tubing. It had all the appearances of a hospital setting. Fowler had been called in to help establish an IV line through which the 57-year-old man, Tony Carruthers, would be injected with pharmaceutical drugs. The team had struggled to find a vein, so Fowler was summoned to set a central line—an intravenous catheter inserted into the major vein below the collarbone.

Iran’s War on Women: Executions, Floggings, and the Politics of Fear

The Iranian regime is increasingly using death sentences, corporal punishment, and judicial persecution against women—not only to silence dissent but also to intimidate a society demanding change. The Iranian regime has long viewed women as central to the country’s struggle for freedom—and therefore as central targets of repression. The nationwide uprising of 2022 fundamentally altered the political landscape, demonstrating that Iranian women were no longer merely participants in protest movements but among their principal organizers and symbols. Since then, the authorities have steadily intensified their campaign against women, expanding the use of executions, imprisonment, corporal punishment, and judicial intimidation.

The 'Black Widow' shakes Iran: 10 death sentences for a serial killer who killed 12 men

Kolthum Akbari, an Iranian woman widely dubbed the “Black Widow,” was convicted of serial murders of elderly men she married, often temporarily. Official accounts generally center on 11 murders (plus one attempted murder), though Akbari herself gave varying figures and investigations suggested she had many more marriages.  The sentencing occurred primarily in September 2025 in Mazandaran Province, with ongoing reporting and updates into 2026. The 56- to 59-year-old killer confessed to killing at least 11 elderly men after temporarily or officially marrying them; Iranian authorities have linked her to additional marriages and possible further victims.

Arizona prosecutors seek death penalty a second time for 2 inmates

County Attorney Brad Miller said Aug. 6 that the nature of the attack and both men's past criminal records meet the strict legal bar required for execution under Arizona law. FLORENCE, Ariz. - Pinal County prosecutors are seeking the death penalty against two inmates accused of violently killing a fellow prisoner behind bars, officials announced Thursday. Pinal County Attorney Brad Miller filed a Notice of Intent to Seek the Death Penalty against Pete Van Winkle and Tracy Hampton in connection with the fatal attack on Kenneth Thompson. 

Iran | Executions in Tabriz, Zanjan, Qazvin

Iranian authorities executed at least three prisoners, including two Turks, identified as Amrollah Dousti, Hojjat Khayat, and Yousef Bagheri, in Tabriz and Zanjan Central Prisons. Dousti and Khayat were executed on drug-related charges, while Bagheri was executed for “premeditated murder.” According to information received by the Hengaw Organization for Human Rights, Dousti, 40, from Bandar Abbas and a father of two, and Khayat, 51, from Tabriz and a father of three, were executed in Tabriz Central Prison on Sunday, August 9, 2026.