Alabama to Execute Convicted Shooter Alan Eugene Miller Using Controversial Nitrogen Hypoxia Method

After an unsuccessful attempt two years ago to execute Alan Eugene Miller, an Alabama prisoner, officials are planning to proceed with a rare method of lethal injection using nitrogen gas on Thursday. Miller, 59, would be the second person in the United States to be executed through nitrogen hypoxia, a process that deprives a person of oxygen by having them breathe only nitrogen through a mask apparatus.

Background of the Case

Miller, a former delivery driver, was convicted in 2000 for a workplace shooting spree. The execution is set to take place at 6 p.m. local time at the state prison in Atmore. His execution is one of five planned or already carried out over the past seven days, including the first in South Carolina in 13 years and another in Missouri of a man who maintained his innocence.

In January, Alabama became the first state to execute a prisoner using nitrogen. Eyewitnesses reported that the inmate, Kenneth Smith, appeared to remain conscious for several minutes and violently thrashed and heaved while strapped to a gurney. The office of state Attorney General Steve Marshall argued in court filings that the method is "swift, painless and humane."

Miller's Legal Battle

Miller initially sought to challenge the use of nitrogen and filed a federal lawsuit in March seeking to halt his execution. He cited the state's past execution failures and concerns that the nitrogen hypoxia method could add pain and prolong death. However, Miller had opted for Alabama to use nitrogen, the state's alternative to lethal injection approved in 2018, after his execution in September 2022 was called off due to issues securing a vein for lethal injection.

In his lawsuit, Miller expressed concern about the execution team's ability to secure a mask over his face to breathe in the nitrogen gas, citing difficulties fitting the mask due to his weight of 350 pounds. The state agreed that it would not attempt to execute Miller using lethal injection for a second time.

Last month, the attorney general's office announced that Miller had agreed to settle his lawsuit, with the terms remaining confidential. Marshall stated that the resolution confirmed the reliability and humanity of Alabama's nitrogen hypoxia system, against Miller's initial complaints based on media speculation about the earlier execution of Kenneth Smith. With no more legal barriers or plans for a last-minute appeal from his legal team, Miller's execution is expected to proceed as scheduled.

The Crimes and Conviction

Miller does not contest his responsibility for a 1999 shooting rampage south of Birmingham, where he fatally shot two co-workers and a former colleague. In attempting to appeal his case following his conviction, Miller claimed that he lacked the necessary intent to commit murder due to his mental instability at the time of the offenses.

Controversy Surrounding Nitrogen Hypoxia

Human rights groups have raised concerns about the use of nitrogen as states search for viable alternatives to lethal injection, which has become increasingly difficult to use due to a shortage of the required drugs. Alabama officials have maintained in court filings that nitrogen hypoxia is "painless because it causes unconsciousness in seconds" and death within minutes. However, eyewitnesses to Smith's execution reported that he did not appear to become unconscious as quickly as expected.

Moreover, medical experts highlight that if nitrogen is not mixed with enough oxygen during an execution, it could cause slow asphyxiation and prolong the time it would take to die. The state has disputed claims that Smith's apparent distress was due to oxygen leaking into the mask, arguing that he held his breath, which impeded his loss of consciousness.