After courts nix nitrogen gas, Alabama asks to execute man by lethal injection

The state of Alabama is continuing its pursuit to carry out the execution of Jeffery Lee, undeterred by a recent Supreme Court ruling that blocked the use of nitrogen gas for his scheduled Thursday night appointment.

A Swift Shift in Strategy

Less than 24 hours after the high court deemed the state’s nitrogen protocol “likely unconstitutional,” effectively halting that specific method, Alabama Attorney General Steve Marshall’s office wasted no time. Prosecutors formally petitioned the Alabama Supreme Court for authorization to proceed with Lee’s execution via lethal injection instead.

While the court’s decision put a definitive stop to the nitrogen gas attempt, it did not grant Lee an indefinite stay on capital punishment itself. The state maintains that while the nitrogen gas method is off the table, other established methods remain viable.

The State's Argument

“While Lee elected hypoxia, he has made clear that he does not want to be executed by that method, and the federal courts have prohibited ADOC from employing it with him,” state prosecutors wrote in their filing. The Alabama Department of Corrections (ADOC) maintains it is prepared to execute Lee using the three-drug cocktail utilized by the state since 2014.

Attorney General Marshall, who labeled the initial Supreme Court decision a “miscarriage of justice,” is pushing to keep the process moving, even acknowledging the possibility that Lee may attempt to revive a 2016 challenge against lethal injection. “The Court should expedite that decision so that Lee does not continue to evade justice,” the state's filing urged.

History of the Method Controversy

Lethal injection remains the state's default method, though it has faced scrutiny following past technical difficulties that led Gov. Kay Ivey to pause executions for an internal investigation. In 2018, the state introduced nitrogen gas as an alternative, and Lee was among those who requested a switch, despite the lack of an established protocol at the time.

Following the January 2024 execution of Kenneth Eugene Smith, tensions flared, leading Lee and others to file a lawsuit in 2025. Defense attorneys argued that the nitrogen protocol inflicted unnecessary pain and suggested alternatives like a firing squad.

Lee has been on death row for over 25 years following his conviction for the 1998 murders of Jimmy Ellis and Elaine Thompson during a pawn shop robbery in Orrville, an incident that also resulted in injuries to a third victim, Helen King.