Alabama can’t execute man with gas, judge says: Firing squad provides ‘quick and painless death’

A federal judge has blocked the state of Alabama from using its nitrogen hypoxia protocol to execute death row inmate Jeffery Lee, dealing a significant procedural blow to the state just days before his scheduled execution.

The Ruling on Nitrogen Hypoxia

U.S. District Judge Emily Marks issued a ruling late Tuesday halting the use of nitrogen gas, citing an appellate court decision that deemed the protocol an unconstitutional risk of "serious harm." The court noted that the process—which involves an inmate breathing pure nitrogen through a mask—poses a risk of suffering that lasts for one to three minutes, a duration the appellate court described as "intolerable."

While the state has other approved methods, including lethal injection and the electric chair, questions remain regarding their viability for an execution scheduled for Thursday at the William C. Holman Correctional Facility in Atmore.

Firing Squad as an Alternative

The legal firestorm centered on Lee’s proposal to use a firing squad instead of nitrogen gas. Lee’s attorneys argued that the firing squad serves as a feasible, readily implemented alternative that significantly reduces the risk of severe pain. Judge Marks, reversing her previous stance, agreed that a firing squad would produce a "quick and painless death."

Marks outlined how such a procedure would function, requiring the inmate to be restrained in a chair before five marksmen armed with .30-caliber rifles carry out the execution. She noted that Alabama could realistically acquire the necessary equipment and modify the prison facility to accommodate this method. Currently, five U.S. states authorize the firing squad, though Alabama is not among them.

Context and Background

Lee, 49, has been on death row for 25 years following his 2000 conviction for the 1998 shooting deaths of Jimmy Ellis and Elaine Thompson in Dallas County, as well as the attempted murder of Helen King. Notably, his original sentence of life without parole was imposed by a jury via a 7-5 vote, but a judge later utilized judicial override to impose the death penalty.

The legal back-and-forth has moved rapidly, with previous rulings favoring the state before the 11th Circuit Court of Appeals intervened. Supporters of Lee have pointed to his documented efforts toward rehabilitation and his expressed remorse for the crimes committed when he was 21.

Judge Marks emphasized that the court's latest decision does not eliminate the state's power to carry out capital punishment, but it does strictly prohibit the use of nitrogen hypoxia in this instance. As the state is expected to appeal the ruling, the case highlights the ongoing tension between evolving execution protocols and constitutional challenges.