Alan Eugene Miller became the second death row inmate in the U.S. to be executed using nitrogen gas on Thursday evening, nearly 25 years after the murders of his three coworkers, whom he believed were spreading rumors about his sexuality.
Miller, 59, was convicted of killing Terry Jarvis, Lee Holdbrooks, and Christopher Yancy in two workplace shootings that occurred on the morning of August 5, 1999, in Pelham, a suburb of Birmingham, Alabama.
According to the Alabama Department of Corrections, he was officially pronounced dead at 6:38 p.m. CT.
“I didn’t do anything to be here,” Miller stated before his execution, as reported by the Montgomery Advertiser. While his next words were unclear, he appeared to ask his family to take care of someone. He reiterated, “I didn’t do anything to be on death row. Thank you.”
Alabama Attorney General Steve Marshall issued a statement, declaring that “justice has been served.” Marshall added, ”
After two decades, Alan Miller was finally executed for a depraved murder spree that took the lives of three innocent men. I ask the people of Alabama to join me in praying for the families and friends of the victims, that they may now find peace and closure.”
Miller’s execution marks the fourth in Alabama this year, the 18th nationwide in 2024, and the 1,600th since the reinstatement of the death penalty in the U.S. He is also one of five men executed across the country within a six-day period.
South Carolina executed Freddie Owens on Friday, and on Tuesday, Missouri executed Marcellus Williams less than an hour before Texas put Travis James Mullis to death.
Miller had previously survived an execution attempt by lethal injection in September 2022, when the state’s staff failed to establish an IV line before his death warrant expired.
The execution began at 6:18 p.m. with the flow of nitrogen gas, according to Marty Roney, a reporter with the *Montgomery Advertiser* who witnessed the event.
Miller gasped and struggled against his restraints for about two minutes until he lost consciousness at 6:19 p.m. Roney reported that Miller gasped several more times before appearing to take his last breath at 6:26 p.m. The curtain to the execution chamber was closed at 6:32 p.m.
According to the Alabama Department of Corrections, Miller received visits from seven people on Wednesday and nine on Thursday. His last meal consisted of hamburger steak, a baked potato, and French fries.
Miller was convicted by an Alabama jury for shooting Holdbrooks six times, Jarvis five times, and Yancy three times. He first killed Holdbrooks and Yancy, his coworkers at Ferguson Enterprises, before driving to Post Airgas, a welding supply store, where he murdered Jarvis.
Pelham police apprehended Miller during a traffic stop later that day. Officers found a Glock on the driver’s seat and an empty magazine on the passenger seat, according to court records.
Although a forensic psychiatrist deemed Miller “mentally ill” during his sentencing hearing, the court ruled that his condition did not meet the threshold for an insanity defense under Alabama law.
The court found that while Miller suffered from a delusional disorder, it did not impair his ability to understand his actions.
“Miller suffered from a delusional disorder that substantially impaired his rational ability,” the court documents stated.
“This disorder, along with Miller’s history as a loner, led him to believe his coworkers were spreading rumors about him. Miller believed that Terry Jarvis had told others at Post Airgas that he was homosexual.”
Nitrogen Gas Executions (Photo: Kim Chandler)
Miller was executed by nitrogen hypoxia, the second instance of this method being used in the U.S., following Kenneth Eugene Smith’s execution in January, which one witness described as “horrific.”
The Rev. Jeff Hood, a spiritual advisor who has witnessed several executions, including Smith’s, described it as “horrific” and said it brought society closer to a “moral apocalypse.”
Hood recounted, “We’re talking about minutes and minutes of thrashing and spitting. His head was jerking back and forth. The gurney, which is bolted to the floor, was shaking.”
In nitrogen hypoxia executions, the inmate inhales pure nitrogen, which displaces oxygen in their system. Supporters argue that it is nearly painless and instantaneous, while opponents, including Hood, argue that it is largely untested and potentially torturous.
Despite opposition, Attorney General Marshall defended the method, stating, “Although execution methods have changed over time, Alabama holds that some crimes are so horrific that they warrant the ultimate punishment.
In this case, the State demonstrated once again that nitrogen hypoxia is both humane and effective, as Miller’s execution proceeded as expected and without incident, despite misinformation from political activists, out-of-state attorneys, and biased media.”
Sherry Lawley, the sister of victim Terry Jarvis, described her brother as the kindest and most generous person she knew. “He would give you the shirt off his back if he could,” she said. “Terry was my baby brother, but at some point, it felt like I became his baby sister because he took care of me.”
After Jarvis’s death, Lawley said she felt as though a part of her heart was missing and would never be restored.
As Miller’s execution approached, she expressed uncertainty about whether it would bring closure. “I know it needs to happen, and on one hand, I want it to happen, but I just don’t know what to feel about it,” she shared.
Yancy, another victim, was remembered as a deeply religious father of two and a “big teddy bear,” according to the Rev. Chris Joiner, the pastor of the Alabama church his family attended. “It was a strong family,” Joiner said. “They were very loving and attentive to each other.”
The Yancy family experienced further tragedy in 2012 when Christopher’s wife, Kim, was killed in a car accident at the age of 38, according to the Shelby County Reporter.
In March, Miller’s attorneys filed a motion for a preliminary injunction in federal court to halt the execution, arguing that it would subject him to cruel and unusual punishment.
“Alabama is evidently unable to carry out a nitrogen hypoxia execution without cruelly prolonging death and adding unnecessary pain and humiliation,” their complaint stated.
The lawyers also noted that Miller was obese, had asthmatic bronchitis, and received diabetic meals while incarcerated at Holman Correctional Facility.
Despite these concerns, the state and Miller’s attorneys reached a confidential agreement in August, allowing the execution to proceed. A judge dismissed the attorneys’ request without prejudice following the agreement.
