South-Carolina
Alabama puts man to death in the country's second nitrogen gas execution
ATMORE, Ala. — Alabama used nitrogen gas Thursday to execute a man convicted of killing three people in back-to-back workplace shootings, the second time the method that has generated debate about its humaneness has been used in the country.
Alan Eugene Miller, 59, was pronounced dead at 6:38 p.m. local time at a south Alabama prison. He shook and trembled on the gurney for about two minutes with his body at times pulling against the restraints. That was followed by about six minutes of periodic gulping breaths before he became still.
Miller was convicted of killing three men — Lee Holdbrooks, Christopher Scott Yancy and Terry Jarvis — in 1999 and the state had previously attempted to execute him by lethal injection in 2022.
“I didn’t do anything to be in here,” Miller said in his final words that were at times muffled by the blue-rimmed gas mask that covered his face from forehead to chin. However, witnesses at the trial had expressed no doubt about his guilt, describing Miller shooting the three men.
At the execution, Miller also asked his family and friends to “take care” of someone but it was not clear whose name he said.
Miller was one of five inmates put to death in the span of one week, an unusually high number that defies a yearslong trend of decline in the use of the death penalty in the U.S.
“Tonight, justice was finally served for these three victims through the execution method elected by the inmate,” Alabama Gov. Kay Ivey said in a statement. “His acts were not that of insanity, but pure evil. Three families were forever changed by his heinous crimes, and I pray that they can find comfort all these years later.”
Family members of the three victims did not witness the execution and did not issue a statement to be read to reporters, state officials said.
The execution was the second to use the new method Alabama first employed in January, when Kenneth Smith was put to death. The method involves placing a respirator gas mask over the inmate’s face to replace breathable air with pure nitrogen gas, causing death by lack of oxygen.
Alabama officials and advocates have argued over whether Smith suffered an unconstitutional level of pain during his execution after he shook in seizure-like spasms for several minutes, at times rocking the gurney. Smith then gasped for breath for several minutes. The shaking exhibited by Miller was similar to what was seen at the first nitrogen gas execution but did not seem as long or as violent.
Alabama Corrections Commissioner John Q. Hamm said the shaking movements were anticipated.
“Just like in Smith we talked about there is going to be involuntarily body movements as the body is depleted of oxygen. So that was nothing we did not expect,” Hamm said.
Hamm said the nitrogen gas flowed for 15 minutes during the execution.
“Everything went according to plan and according to our protocol,” he said.
A delivery truck driver, Miller was convicted of capital murder for the Aug. 5, 1999, shootings that claimed three lives and shocked the city of Pelham, a suburban city just south of Birmingham.
Police say that early that morning, Miller entered Ferguson Enterprises and fatally shot two co-workers: Holdbrooks, 32, and Yancy, 28. He then drove 5 miles (8 kilometers) away to Post Airgas, where he had previously worked, and shot Jarvis, 39. Trial testimony indicated that Miller was paranoid and believed his co-workers had been gossiping about him.
“You’ve been spreading rumors about me,” a witness described Miller as saying before he opened fire. All three men were shot multiple times.
Miller had initially pleaded not guilty by reason of insanity but later withdrew the plea. A psychiatrist hired by the defense said that Miller was mentally ill but his condition wasn’t severe enough to use as a basis for an insanity defense, according to court documents. Jurors convicted Miller after 20 minutes of deliberation and recommended by a vote of 10-2 that he receive the death penalty.
In 2022, the state called off the previous attempt to execute Miller after being unable to connect an IV line to the 351-pound (159-kilogram) inmate. Miller had initially challenged the nitrogen gas protocol but dropped his lawsuit after reaching an undisclosed settlement with the state.
Hamm said the state did not change the protocol. Miller, among other things, had requested to be given a sedative. Hamm declined to say if Miller was given a sedative and referred questions about the settlement to Miller’s attorneys.
Copyright 2024 NPR
South-Carolina
Live nightly lottery drawings hit ABC15 as SC Education Lottery partner
(WPDE) — ABC15 is the new official broadcast home for South Carolina Education Lottery (SCEL) drawings, beginning Wednesday, July 1!
Weekday evening drawings for Pick 3, Pick 4, Palmetto Cash 5 and Cash Pop will air live just before the 7:00 p.m. newscast and are approximately one minute long.
ABC15 will also air live jackpot drawings during its 11 p.m. newscast on:
- Mega Millions: Tuesdays and Fridays
- Powerball: Wednesdays and Saturdays
In addition to the live broadcasts, official SCEL results will be displayed on-screen following the midday Pick 3, Pick 4 and Cash Pop drawings. Weekend evening drawings will also be shown through official results crawls.
South-Carolina
Hricik launches no-money pledge campaign for SC attorney general
Richard Hricik, South Carolina’s Democratic nominee for attorney general, has officially launched his campaign for November’s general election.
Hricik was unopposed in the primary, automatically advancing to the ballot in November. He will now race against the Republican nominee David Stumbo, who beat Republican challenger Stephen Goldfinch in a runoff on June 23.
Hricik launched his campaign on June 25, just two days after the Republican primary runoff concluded.
In a press release Hricik, a Charleston attorney of more than 25 years, said that his campaign focuses on the fact that the rule of law should protect everyone equally.
“The Rule of Law isn’t red or blue. It has to apply to everyone, and be defended for everyone,” Hricik said. “An Attorney General who treats the law as their own political agenda — who protects some people and not others — threatens our democracy and makes every South Carolinian’s rights less safe. If someone attacks the State House in Columbia, I won’t ask who they voted for; it won’t matter — they are going to prison. That’s the law, and the Attorney General’s job is to defend and uphold The Rule of Law. For everyone.”
Hricik also announced that he has a no-money pledge for his campaign.
“An Attorney General is supposed to answer to two things: You and The Rule of Law. No one and nothing else,” Hricik said. “So, I take no money — not from special interests, not even from myself. That’s not a gimmick. It’s my firewall against corruption and influence. When you owe no one, you can fight for everyone and The Rule of Law.”
There has not been a Democrat in the attorney general office since Thomas Medlock, who left office in 1995.
Stumbo, who is currently serving a fourth term as Solicitor for the Eighth Judicial Circuit of South Carolina, ran his primary campaign on the basis of being a career prosecutor and lifelong Republican.
On runoff election night, Stumbo and his supporters gathered at the City Club of Greenville to watch results come in. In his winning speech that night, Stumbo said that while there hasn’t been a Democratic attorney general in South Carolina in many years, there would still be work ahead.
“We still got a lot of work to do, and I need everyone in this room fighting like crazy for the next few months to make sure that when we’re standing there on election night in November that we are officially the next attorney g eneral of South Carolina,” Stumbo said.
Ruth Cronin covers Greenville County business, growth and development. Contact her at rcronin@usatodayco.com.
South-Carolina
SC moves to revive death-penalty in double murder after federally commuted sentence
HORRY COUNTY, S.C. (WPDE) — A judge has started the process for South Carolina to pursue the death penalty against Brandon Council, the man accused of killing two women during an armed bank robbery at CresCom Bank in 2017.
Council is charged federally with murder after authorities said he walked into the bank to commit an armed robbery that ended with two employees being shot and killed.
He was originally sentenced to death in federal court, but the Biden administration commuted the sentences of 37 death row inmates, changing their status to life in prison.
With Council no longer facing execution under the federal sentence, South Carolina is moving to revive state charges that had been dropped before he was federally charged.
READ MORE: Spectators pack courtroom as Alex Murdaugh returns to court after convictions overturned
In court, prosecutors sought to add dates to the case calendar as they pursue the death penalty again.
Fifteenth Circuit Solicitor Jimmy Richardson said the state had initially been looking at April 2027 for a trial date, but the judge denied that as too soon.
“We were being as aggressive as we could be. But by July 17th, the defense will give their order. We will turn in another order, and we’ll see if we can’t come to an agreement. That way, the judge doesn’t have a lot of problems. It’s just an agreement between the two sides,” Richardson said.
During the hearing, the judge and the state were asked about any bias before moving forward.
Richardson said, “I don’t know him. So he’s from a different state, and, they ask us to let them know about any bias. I don’t know about any bias. I just, you know, it’s whatever the crime is.”
He added, “The main thing for me was to get the schedule in order so that we know where we’re going, and it looks like we’re on the road to that, but we’re not there yet.”
READ MORE: Florence woman sentenced to 35 years in prison for 2-year-old’s death
At one point, Council sought to represent himself in court and objected to statements made by the prosecution.
By the end of the hearing, he changed his mind and accepted representation.
Richardson said he does not expect the trial until 2028.
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