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Alabama death row inmate executed with nitrogen gas, nation's first by a new method in 42 years

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Alabama death row inmate executed with nitrogen gas, nation's first by a new method in 42 years

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Kenneth Eugene Smith, 58, was executed in Alabama on Thursday night with nitrogen gas, a controversial method that causes oxygen deprivation that has been criticized as inhumane, following a failed last-minute legal battle. 

Smith, a convicted murderer, was pronounced dead at 8:25 p.m. local time at the William C. Holman Correctional Facility in Atmore. 

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Prior to Smith’s death sentence being carried out, the U.S. Supreme Court ruled for the second time in as many days that the state could proceed with using nitrogen hypoxia to execute Smith, refusing to block the nation’s first execution by a new method since 1982. 

Justices Sonia Sotomayor, Elena Kagan and Ketanji Jackson dissented.

ALABAMA DEATH ROW INMATE SERVED SIMPLE LAST MEAL HOURS BEFORE NOVEL EXECUTION IN MURDER-FOR-HIRE KILLING

Kenneth Eugene Smith was convicted in a 1988 murder-for-hire slaying of a preacher’s wife. He was put to death as the first American inmate executed by nitrogen hypoxia. (Alabama Department of Corrections via AP/File)

“Having failed to kill Smith on its first attempt, Alabama has selected him as its ‘guinea pig’ to test a method of execution never attempted before,” Sotomayor wrote. “The world is watching.”

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For his last meal, Smith was served steak, hash browns and eggs, the Alabama Department of Corrections said. He was visited by his wife, his son, two friends and his attorney. 

The execution garnered international attention because of its method, which causes the person inhaling the nitrogen gas through a mask to die from a lack of oxygen. 

Smith’s lawyers argued Alabama was trying to make him the “test subject” for an untried execution method after he survived the state’s previous attempt to put him to death by lethal injection. 

“There is little research regarding death by nitrogen hypoxia. When the State is considering using a novel form of execution that has never been attempted anywhere, the public has an interest in ensuring the State has researched the method adequately and established procedures to minimize the pain and suffering of the condemned person,” Smith’s attorneys wrote.

The defense also argued a second execution attempt is unconstitutional after Smith was one of three Alabama death row inmates who survived a botched lethal injection in 2022.

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ALABAMA INMATE WHO SURVIVED BOTCHED EXECUTION FEARS HE ‘WILL FARE NO BETTER’ IN SECOND ATTEMPT

Alabama’s lethal injection chamber at Holman Correctional Facility in Atmore. (AP Photo/File)

The 2022 attempt, which lasted over four hours, caused Smith “severe physical pain and psychological torment, including posttraumatic stress disorder,” his lawyers said. 

The Supreme Court on Wednesday denied Smith’s initial request for a stay.

“The application for stay of execution of sentenced of death presented to Justice (Clarence) Thomas and by him referred to the Court is denied,” SCOTUS said. 

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In a statement before he was put to death, Smith and his minister, Rev. Dr. Jeff Hood, said: “The eyes of the world are on this impending moral apocalypse. Our prayer is that people will not turn their heads. We simply cannot normalize the suffocation of each other.”

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Smith was put to death for his role in a 1988 murder-for-hire plot that killed Elizabeth Sennett. He and John Forrest Parker killed the preacher’s wife for $1,000 apiece.

Sennett’s husband killed himself a week after the murder. 

Parker was executed via lethal injection in 2010.

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Southeast

Virginia Democrats talk affordability — and vote to nearly triple their own pay

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Virginia Democrats talk affordability — and vote to nearly triple their own pay

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The Virginia State Senate and its Democratic majority may have voted to nearly triple their pay if a provision inserted into their final budget survives the House reconciliation process and reaches Gov. Abigail Spanberger’s desk.

The development comes as Spanberger has centered her campaign on “affordability,” with Richmond Democrats echoing that they are working to improve their constituents’ personal finances.

Virginia’s legislature itself was founded as a part-time, gentleman’s chamber, where lawmakers would return to their day jobs when Richmond wasn’t holding session.

Virginia Gov. Abigail Spanberger signs executive orders. (Win McNamee/Getty Images)

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Proponents of raising the current 1988-established salary of $18,000 for senators and $17,640 for delegates say the structure restricts who can afford to serve as a lawmaker today. Lawmakers also qualify for a $237 per diem, mileage reimbursements, and coverage of office, meeting and other expenses.

Senators’ new salary would be $50,000.

Republicans were quick to criticize the final budget, with the Virginia Senate Minority Caucus saying in a statement that “teachers got a 3% raise, but Democrats give themselves 300%.” The actual increase would be closer to 178%, though one could say the new salary would be 300% of the original. 

“The affordability hoax just gets worse and worse,” the caucus said, adding that the chamber’s majority killed a repeal of the car tax — something GOP gubernatorial nominee Winsome Sears ran on — while increasing the state budget by $1 billion overall.

Sen. Mark Obenshain, R-Rockingham, told WVTF it is the “wrong time” to address lawmaker pay.

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NEW DEM STAR’S QUICK HARD-LEFT TURN AFTER ‘MODERATE’ CAMPAIGN WON HER COVETED RESPONSE TO TRUMP: LAWMAKER

 “It’s supposed to be affordability for working families across Virginia, not members of the General Assembly,” he said.

Virginia’s legislature — the oldest continuous legislative body in the New World — has been making laws since its inception as the House of Burgesses in Colonial Williamsburg, where Spanberger gave the Democratic Party’s State of the Union response.

In her speech, she claimed President Donald Trump is the one “enriching himself, his family and his friends” and said Republicans are the ones “making your life more expensive.”

“I traveled to every corner of Virginia, and I heard the same pressing concern everywhere: costs are too high. In housing, healthcare, energy, and childcare,” she said.

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“Americans deserve to know that their leaders are focused on addressing the problems that keep them up at night.”

“Democrats across the country are laser-focused on affordability — in our nation’s capital and in state capitals and communities across America,” Spanberger said Tuesday.

The pay raise could be moot if the Democrat-controlled House of Delegates does not amend its own budget proposal to include the provision.

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The House’s budget includes $137 million for expanded childcare access, a minimum wage increase to $13.75 in 2027 and $15 in 2029, and a $20 million appropriation for state employees’ and home health care workers’ collective bargaining, according to Washington’s ABC affiliate.

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Fox News Digital reached out to the governor, as well as the House and Senate minority leaders, for further comment.

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Virginia murder suspect in bus stop stabbing had lengthy criminal history, multiple dropped charges

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Virginia murder suspect in bus stop stabbing had lengthy criminal history, multiple dropped charges

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A Virginia murder suspect accused of fatally stabbing a woman at a bus stop earlier this week has a lengthy criminal history filled with multiple arrests, but was let back onto the streets nearly every time. 

Abdul Jalloh, 32, is charged with the Monday night killing of Stephanie Minter, 41, of Fredericksburg, at a bus stop shelter, the Fairfax County Police Department said. 

Minter was found by officers with stab wounds to her upper body and pronounced dead at the scene, police said. 

Abdul Jalloh, 32, is accused of killing Stephanie Minter, 41, at a Virginia bus stop.  (Fairfax County Police Department; provided)

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Jalloh, 32, who was seen on surveillance cameras exiting the bus with Minter at Richmond Highway and Arlington Drive, was arrested the next day. 

He was arrested at a liquor store after an employee called 911. At the time, officers arrested him for allegedly shoplifting. Investigators linked him to the murder a day later. 

Authorities were still trying to determine a motive for the killing and what led to the deadly stabbing. 

A search of online court records revealed Jalloh has more than a dozen arrests in northern Virginia, including on charges of petty larceny and malicious wounding. 

In most of the cases, prosecutors dropped the charges, FOX D.C. reported. 

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REPEAT OFFENDER ON PAROLE FOR MURDER TIED TO BRUTAL JAIL ASSAULT, ESCAPE HOURS AFTER ROBBERY

Abdul Jalloh seen on a bus in Virginia.  (Fairfax County Police Department)

Laura Birnbaum, the chief of staff for Fairfax County Commonwealth’s Attorney Steve Descano, said Jalloh was known to the district attorney’s office and was “acutely aware of the risk he posed to the community.”

“That is why we convicted the defendant of a 2023 malicious wounding charge, and have since made every effort to hold him accountable each subsequent time that he has come in contact with the criminal justice system, including asking him to be held in custody whenever possible,” Birnbaum said. 

“Unfortunately, the defendant in this case also had a history of selecting victims with no fixed address – some of the most vulnerable members of our community,” she added. “In multiple cases, we were unable to move forward with prosecution because victims could not be located or contacted.”

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Stephanie Minter, 41, was killed on Monday after getting off of a bus in Virginia.  (Provided)

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An obituary for Minter described her as a “happy, jolly” person. 

“A beam of light in dark places,” the obituary states. 

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Dem governor under fire after illegal alien allegedly stabs woman to death at bus stop: ‘Heinous’

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Dem governor under fire after illegal alien allegedly stabs woman to death at bus stop: ‘Heinous’

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EXCLUSIVE: The Department of Homeland Security is calling on Virginia’s Democratic Gov. Abigail Spanberger to ensure local law enforcement cooperates with federal immigration officials by handing over an illegal immigrant with a lengthy criminal record who allegedly killed a woman earlier this week at a Virginia bus stop.

Police in Fairfax County, Virginia, arrested an illegal immigrant from Sierra Leone earlier this week on charges of second-degree murder after he allegedly fatally stabbed a woman, Stephanie Minter, 41, who was found dead at a local bus stop with several wounds to the upper body. 

The alleged suspect, Abdul Jalloh, 32, also has a criminal history of more than 30 arrests, according to DHS, including for rape, malicious wounding, assault, identity theft, contributing to the delinquency of a minor, assault and pick-pocketing.   

The request from the Trump administration comes after the newly elected Democratic governor of Virginia signed an executive order to end cooperation between federal immigration officials and state and local law enforcement, a move several Democratic Party governors have taken recently amid President Donald Trump’s move to increase deportation operations around the country. 

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The DHS request asking Virginia officials to cooperate with ICE also comes after an illegal immigrant allegedly murdered someone just days after being released from jail for a separate crime in December.

Abdul Jalloh, 32, and Gov. Abigail Spanberger  (Department of Homeland Security/Getty Images)

“We are calling on Virginia Gov. Abigail Spanberger and Virginia’s sanctuary politicians to commit to not releasing this murderer and violent career criminal from their jail without notifying ICE,” said Deputy Assistant Secretary Lauren Bis. 

“This illegal alien’s murder of an innocent, beautiful American woman came less than 24 hours before Governor Spanberger’s demonization of ICE law enforcement. This heinous criminal is a perfect example of why we need cooperation from sanctuary jurisdictions and the importance of third country removals for the safety of the American people.”

Spanberger’s representatives did not respond to Fox News Digital’s request for comment. 

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Jalloh entered the United States illegally in 2012, according to DHS, and immigration officials lodged an immigration detainer against him in 2020, whereupon he was granted a final order of removal by a judge who said he could be removed to any country other than Sierra Leone. 

ILLEGAL IMMIGRANT WITH PRIOR DEPORTATION SHOOTS DEPUTY IN CHEST, DIES AFTER EXCHANGE: DHS

Protesters, using whistles to alert neighborhoods to ICE activity, face off with Minneapolis police officers in Minneapolis Jan. 24, 2026.  (Roberto Schmidt/AFP via Getty Images)

DHS indicated that ICE cooperation to ensure Jalloh’s deportation is evident after a case Fox News covered in December when a criminal illegal alien from El Salvador, Marvin Morales-Ortez, 23, allegedly killed a man just a day after Fairfax County jail officials let him go. 

The immigrant from El Salvador had been in custody on charges of malicious wounding and brandishing a gun, but police released him after the Fairfax County Commonwealth’s Attorney’s Office, led by George Soros-backed prosecutor Steve Descano, dropped the charges. 

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Fox News Digital reached out to the Fairfax County Sheriff’s office to inquire about why the man had not been handed over to ICE. 

The sheriff’s office said, “ICE was aware of Morales-Ortez’s incarceration and elected not to seek a judicial warrant to ensure he remained in custody.

Marvin Morales-Ortez, who is living in the country illegally, was released from Fairfax County custody and then allegedly committed a murder the next day. (Fairfax County Police Department/Getty Images)

“The Fairfax County Sheriff’s Office follows all local, state and federal laws when determining whether a person is subject to release from the ADC,” the sheriff’s office told Fox News Digital at the time. “Immigration and Customs Enforcement (ICE) is automatically notified any time a person is booked into the ADC.”

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The same sheriff’s office did not get back to Fox News Digital’s media inquiry for this story on DHS urging officials to cooperate with federal officials. 

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