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Louisiana’s nitrogen gas execution back on for next week, federal appeals court rules

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Louisiana’s nitrogen gas execution back on for next week, federal appeals court rules


Dick issued a preliminary injunction, allowing time for a full trial on whether death by nitrogen gas amounts to cruel and unusual punishment, which is forbidden under the U.S. Constitution’s Eighth Amendment. Attorneys for the state issued a notice of appeal within minutes of Dick’s ruling.

The Fifth Circuit vacated the preliminary injunction.

“In sum, the district court didn’t just get the legal analysis wrong — it turned the Constitution on its head, by relying on an indisputably more painful method of execution as its proposed alternative,” the appeals court’s ruling states, written by Judge James Ho, an appointee of President Donald Trump.

Dick’s ruling had said that Hoffman’s team had given enough evidence that death by a firing squad could be a more humane way for Hoffman to die.

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In an emergency appeal brief, attorneys for the state urged the appeals court to vacate Dick’s ruling. The state of Alabama, the only state to employ nitrogen gassing in a modern-day execution and the template for Louisiana’s plan, submitted an amicus brief in support of Louisiana moving forward with the method.

“The district court’s findings are demonstrably misguided and warrant this Court’s emergency intervention,” attorneys for Louisiana said in their brief, painting Hoffman’s lawsuit as a last-ditch effort to delay justice. They also argued that Dick, an appointee of former President Barack Obama, ignored precedents set by the Supreme Court and the U.S. Eleventh Circuit Court of Appeals.

The state said that Hoffman’s attorneys dragged their feet on a fresh challenge to nitrogen gassing as an execution method.

Ho was joined in his decision to vacate the injunction by Judge Andrew Oldham, another Trump appointee. 

Writing in dissent was Judge Catharina Haynes, an appointee of former President George W. Bush. She argued that the courts should allow more time for Hoffman’s case to be litigated.

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She found that Hoffman had little time to challenge his method of execution.

“As the district judge thoroughly discusses, there are issues that need more time to be resolved and decided,” Haynes wrote. “Obviously, that cannot be done once he is dead.”

Final appeal to Supreme Court expected

Hoffman is on death row for the 1996 abduction, rape and murder of Molly Elliott in rural St. Tammany Parish. Elliott’s husband, Andy Elliott, said this week that he was torn about the execution and that while it’s been a struggle to spend so long waiting for a final resolution, Hoffman’s death would not bring him closure.

“This is justice for Mary ‘Molly’ Elliot, her friends, her family, and for Louisiana,” said Attorney General Liz Murrill in a statement Friday night.

Cecelia Kappel, an attorney for Hoffman, said Friday night that his legal team will appeal the decision to the U.S. Supreme Court. The court is not required to take up the matter, but may do so at its discretion.

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“The 5th Circuit should have deferred to the district court’s assessment of the extensive evidence presented to it after a 12-hour-long hearing showing that Louisiana’s new execution method is likely to cause Jessie to suffer a prolonged and torturous death,” Kappel said.

Hoffman’s method of execution, nitrogen gas, will prevent him from practicing his Buddhist breathing meditation at the period between life and death, she said.

“I think that is just the cruelest thing about this,” Kappel said.

Kappel said earlier this week that Louisiana was trying to avoid scrutiny and place blame on Hoffman “for the rushed nature of these proceedings even though the State only announced it would use lethal gas for executions and set Jessie’s execution date last month.”

Dick’s decision came after a daylong hearing March 7 at which Hoffman testified, asking that the state find another way to put him to death. His lawyers argued that death by nitrogen gas would be inhumane and leave Hoffman feeling like he was drowning, causing emotional suffering.

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They said death by firing squad — which is not currently legal in Louisiana but was used last week to execute a man in South Carolina — would lead to a quicker and less painful death.

In its brief, the state argued that a firing squad would cause a more physically painful death and that nitrogen gas would not be as distressing as the plaintiffs made it out to be. 

What is ‘cruel and unusual punishment?’

It would be a surprise if the U.S. Supreme Court intervened in Hoffman’s case, based on how they have treated arguments about cruel and unusual death in recent years.

In 2019, the conservative-led Supreme Court narrowly rejected a Missouri death row inmate’s argument that his medical condition would lead to a painful and excessively punitive execution by lethal injection.

The court sided with the state in a 5-4 vote, with Justice Neil Gorsuch writing for the conservative majority. They ruled that executions aren’t “cruel and unusual” solely because they are painful.

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Attorneys for 51-year-old defendant Russell Bucklew had said that tumors growing in Bucklew’s throat would burst during the execution, causing him to choke for several minutes on his own blood.

“Cruel and unusual” executions are ones that “cruelly super adds pain,” Gorsuch wrote.

“The Eighth Amendment does not guarantee a prisoner a painless death — something that, of course, isn’t guaranteed to many people, including most victims of capital crimes.”

An earlier majority of the high court had agreed to stay Bucklew’s execution, with former Justice Anthony Kennedy joining the more liberal justices.

The 2019 ruling was seen by legal scholars as a signal that the majority-conservative had hardened on capital punishment.

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“This Court has yet to hold that a State’s method of execution qualifies as cruel and unusual, and perhaps understandably so,” Gorsuch said.

Missouri authorities executed Bucklew by lethal injection in October 2019, six months after the high court’s ruling.



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Officials probing how Louisiana gunman who killed 8 children got the weapon

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Officials probing how Louisiana gunman who killed 8 children got the weapon


SHREVEPORT, La. — Investigators are looking into how a former National Guardsman identified as the gunman who killed eight children in Louisiana on Sunday got a gun — despite an illegal firearms conviction on his record.

Shreveport Police Chief Wayne Smith said the federal Bureau of Alcohol, Tobacco, Firearms and Explosives is probing how the man obtained the assault-style pistol used in the shooting, which he described as a domestic violence incident.

Shamar Elkins was arrested in 2019 and convicted of illegal use of a firearm. Shreveport Police spokesman Christopher Bordelon said Elkins was likely prohibited from legally owning firearms because of that conviction.

In an interview, Bordelon said Elkins shot most of the children in the head and “probably still in their sleep.” Elkins was the father of seven of the eight children who were killed, Bordelon said; one of the children was a cousin, according to the coroner’s office.

“It is a disgusting and evil scene,” Bordelon told NBC News.

Elkins also shot and seriously injured his wife and another woman believed to be his girlfriend, police said.

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He fled the scene and died in front of a home nearby, authorities said. It was not known whether he was fatally shot by law enforcement officers or died by suicide, Smith told reporters at a news conference Monday.

The mass shooting, one of the worst in the U.S. in recent years, sent waves of shock and grief through Shreveport. Shreveport Mayor Tom Arceneaux described it as “maybe the worst tragic situation we’ve ever had” in the city.

In an emotional news conference Monday, city and state officials condemned the bloodshed and called on community members to advocate for victims of domestic violence.

“We cannot afford to treat domestic violence as an afterthought. We must ensure that every victim, every mother, every father, every child has access to safety,” Caddo Parish Sheriff Henry L. Whitehorn Sr. said.

The Caddo Parish Coroner’s Office, citing information provided by the children’s mothers, identified the victims as Jayla Elkins, 3, Shayla Elkins, 5, Kayla Pugh, 6, Layla Pugh, 7, Markaydon Pugh, 10, Sariahh Snow, 11, Khedarrion Snow, 6, and Braylon Snow, 5.

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Elkins served in the Louisiana Army National Guard as a signal support system specialist and a fire support specialist from August 2013 to August 2020, the Army said. He never deployed and left the National Guard as a private.

Shreveport police officers responded to the 300 block of West 79th street just after 6 a.m. local time after reports of a domestic disturbance, authorities told reporters.

Elkins first shot a woman on nearby Harrison Street before he went to the West 79th Street home, where he killed the children, authorities said. He then fled and carjacked a person at gunpoint near the intersection of Linwood Avenue and West 79th Street.

Police officers exchanged gunfire with Elkins in neighboring Bossier Parish after a pursuit, Smith told reporters Monday.

Police initially said that officers fatally shot Elkins at that scene, but Smith said Monday that Elkins’ cause of death was still under investigation.

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In September 2017, a judge granted Elkins and Sariahh’s mother joint custody following a petition to determine paternity and establish child support, according to court records reviewed by NBC News.

The photo at the top of Elkin’s Facebook profile, which has been verified by NBC News, shows him posing with eight children, including a baby seated on his lap.

On April 9, Elkins reposted a poem addressed to God. “Today I ask You to help me guard my mind and my emotions,” it reads in part. “When negativity arises, remind me to say, ‘It does not belong to me, in the name of Jesus.’”

Ryan Chandler reported from Shreveport, and Daniel Arkin from New York.

If you or someone you know is facing domestic violence, call the National Domestic Violence hotline for help at (800) 799-SAFE (7233), or go to www.thehotline.org for more. States often have domestic violence hotlines as well.

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Louisiana shooter Shamar Elkins made chilling remarks about ‘demons’ weeks before killing his 7 kids and their cousin

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Louisiana shooter Shamar Elkins made chilling remarks about ‘demons’ weeks before killing his 7 kids and their cousin


The deranged Army vet dad who gunned down his seven children and their cousin confessed he was drowning in “dark thoughts” and told his stepdad that some people “don’t come back from their demons” just weeks before the heinous killings, according to a report.

Shamar Elkins, 31, killed eight children — five girls and three boys ages 3 to 11 — and seriously wounded two women believed to be his wife and girlfriend when he went on a shooting rampage through Shreveport following an argument with his spouse around 6 a.m. Sunday.

Shamar Elkins, 31, told family he was drowning in “dark thoughts” just weeks before he gunned down his seven children and their cousin. Facebook/Shamar Elkins

Just weeks ago, on Easter Sunday, Elkins called his mother, Mahelia Elkins, and his stepfather, Marcus Jackson, and chillingly told them he was drowning in “dark thoughts,” wanted to end his life, and that his wife, Shaneiqua Pugh, wanted a divorce, the New York Times reported.

“I told him, ‘You can beat stuff, man. I don’t care what you’re going through, you can beat it,’” Jackson told the publication. “Then I remember him telling me: ‘Some people don’t come back from their demons.’”

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Mahelia Elkins said she was unclear what problems her son and his wife, who were married in 2024 and had four kids together, were dealing with, the Times reported.

But a relative of one of the wounded women said the couple was in the middle of separation proceedings and was due in court on Monday.

They had been arguing about their relationship coming to an end when Elkins — who was later killed by cops — opened fire, Crystal Brown told the Associated Press.

The killer father worked at UPS and served with the Louisiana Army National Guard from August 2013 to August 2020 as a signal support system specialist and fire support specialist, according to the Times.

A UPS coworker described Elkins as a devoted dad, but said he often seemed stressed and would pull his hair out, creating a lasting bald spot, the publication reported.

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Elkins worked at UPS and served with the Louisiana Army National Guard from August 2013 to August 2020 as a signal support system specialist and fire support specialist. Facebook/Shamar Elkins

Elkins’ mother noted that she had reconnected with her son more than a decade ago after leaving him to be raised by a family friend, Betty Walker. She had Elkins when she was a teenager and struggling with a crack cocaine addiction.

Walker said that she did not witness the shootings on Sunday morning but knew that Elkins shot his wife several times in the head and stomach, the paper reported.

She last saw the deranged father when his family came over for dinner just last weekend — but noted he did not appear off at the time.

“I was getting up this morning to make myself some coffee, and I got the call,” Walker recalled. “My babies — my babies are gone.”

Elkins also had two previous convictions, including for driving while intoxicated in 2016 and for the illegal use of weapons in 2019, the outlet said.

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In March 2019, a police report detailed that the National Guard vet had pulled a 9 millimeter handgun from his waistband and shot at a vehicle five times after a driver pulled a handgun on him — with one of the bullets being discovered near a school where children were playing.

Most of the victims were shot in the head while they slept. AP

The victims killed by Elkins have been identified as Jayla Elkins, 3; Shayla Elkins, 5; Kayla Pugh, 6; Layla Pugh, 7; Markaydon Pugh, 10; Sariahh Snow, 11; Khedarrion Snow, 6; and Braylon Snow, 5. Seven of the eight were his own children, and the eighth was their cousin. They were all found dead inside their home in Shreveport.

Most of the victims were shot in the head while they slept, Shreveport Police Department spokesman Christopher Bordelon told NBC News.

One child was killed on the roof while trying to escape, police said.

Elkins, who was later killed by police during an attempted carjacking, also shot and wounded two women — the mothers of his children — during his murderous rage.

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He shot his wife in the face at the home with the eight kids, Bordelon told the outlet. The other injured victim is believed to be Elkins’ girlfriend, who was shot in a separate house nearby, the police spokesperson added.

Elkins shared four of the slain children with his wife and three with the other injured woman, according to Brown.

If you or someone you know is affected by any of the issues raised in this story, call the National Domestic Violence Hotline at 1.800.799.SAFE (7233) or text START to 88788.



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At least 8 children killed in shooting in Louisiana, US

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At least 8 children killed in shooting in Louisiana, US


Yasin Gungor

19 April 2026Update: 19 April 2026

At least eight children were killed and two others were wounded in a shooting in the US state of Louisiana, local police said Sunday.

Shreveport Police Department spokesperson Christopher Bordelon said officers responded to the shooting just after 6 am (1100GMT), following a domestic disturbance call.

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The age of the deceased ranged from one to 14 years, he said, adding that the incident involved at least 10 individuals across four separate locations.

The suspect attempted to flee by carjacking a vehicle and driving to neighboring Bossier City, where police located and shot him dead.

Bordelon said Shreveport police officers pursued the suspect’s vehicle into Bossier, where three officers discharged their firearms, killing him. He said investigators believe the suspect was the only person who opened fire at the locations.

Shreveport Mayor Tom Arceneaux described the attack as “maybe the worst tragic situation we’ve ever had,” adding: “It’s a terrible morning.”

No immediate information was available about the condition of the injured.

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