Execution Called Off for Alabama Inmate Alan Miller on September 22, 2022

Alan Miller, Alabama

Updated: Thursday, September 22, 2022

The execution of Alan Miller will not occur tonight.  The media witnesses were transported to the prison after the Supreme Court of the United States lifted the stay of execution.  Shortly before the execution warrant expired at midnight, they were returned to the waiting area without witnessing an execution.  A spokesperson for the Alabama Department of Corrections later stated that they had difficulties accessing Alan’s veins to insert IV lines.  Due to concerns over the time constraints, they called off the execution.

Updated: Thursday, September 22, 2022

The Supreme Court of the United States has lifted the stay of execution granted by a lower court for Alan Miller.  Alabama can now proceed with the execution.

Updated: Thursday, September 22, 2022

The 11th Circuit Court of Appeals, in a split decision, has refused a request by the state of Alabama to lift the stay of execution for Alan Miller.  Alabama is appealing to the Supreme Court of the United States of have the stay lifted, and allow the execution to proceed this evening.

Updated: Tuesday, September 20, 2022

U.S. District Judge R. Austin Huffaker Jr. stayed the execution of Alan Miller.  The stay was granted after Alan claimed he filled out the form electing to be executed by nitrogen hypoxia instead of lethal injection.  He also claimed that the state then lost his paperwork.  The Alabama Attorney General claims there is no record to back up Alan’s claim and that Alan unreasonably delayed bringing his lawsuit against the state.  Judge Huffaker ruled against the state and granted the stay of execution.  Alabama can appeal to the 11th US Circuit Court of Appeals.

Updated: Monday, September 19, 2022

Alan MillerAlabama plans to execute Alan Eugene Miller at 6 pm local time on Thursday, September 22, 2022, inside the execution chamber at the Holeman Correctional Facility in Atmore, Alabama. Fifty-seven-year-old Alan murdered 32-year-old Lee Holdbrooks, 28-year-old Christopher Scott Yancy, and 39-year-old Terry Jarvis on August 5, 1999, in Pelham, Alabama. Alan has spent the last 22 years on death row in Alabama.

Alan was born in Chicago, Illinois, and grew up in poverty. Growing up, he had six brothers and sisters and his father was verbally and physically abusive towards Alan’s mother. Alan’s father and other adult males in his life frequently used drugs and alcohol in front of him. During his childhood, Alan fell and hit his head several times, causing him to have headaches. He considered joining the military after high school but would have needed to lose weight.

In January 1999, Post Airgas Inc., a gas firm, fired Alan Miller, who had worked there for five years. While at Post Airgas, Terry Jarvis was Miller’s supervisor. Miller did not like taking orders from Terry, according to coworkers, and there were frequent screaming matches between the two men. Miller then worked as a truck driver for Ferguson Enterprises, a heating and air-conditioning firm. Lee Holdbrooks and Christopher Yancy also worked for Ferguson Enterprises. Miller was allegedly jealous of Lee, whom Miller believed received better and longer trucking routes.

Around 7 am on August 5, 1999, Johnny Cobb, VP of operations, arrived in the parking lot at Ferguson Enterprises. He recognized several of the vehicles in the parking lot, such as those of Lee, Scott, and Miller. As Johnny exited his vehicle he heard a loud sound and what sounded like a person screaming. Johnny opened the front door and saw Miller walking towards him with a drawn pistol. Miller told Johnny to get out of his way and Johnny ran around the side of the building. Miller walked to his personal vehicle and drove away.

Johnny entered the building and found Christopher on the floor in the sales office. Lee was on the floor in the hallway. Both men were covered in blood and had been shot several times. Johnny called the police who arrived minutes later. Police recovered nine shell casings from the scene.

A few minutes later, a witness saw Miller entering the office of Post Airgas. Miller accused Terry of “spreading rumors” about him. When Terry denied it, Miller opened fire. Miller then turned his weapon on another employee, who begged for his life. Miller allowed the other employee to leave. As the employee was leaving, he heard another gunshot. The employee escaped the building and called the police. Police found six shell casings at the scene, matching the shell casing found at Ferguson Enterprises.

Police quickly altered officers of Miller’s vehicle and a description of what he was wearing. Miller’s vehicle was soon spotted and stopped.  Police arrested Miller and, during a search of his vehicle, police found a pistol that matched the caliber of casings they found at each murder scene.

Miller initially pled not guilty by reason of insanity, however, he later withdrew his plea and entered a not guilty plea. He was convicted and sentenced to death for the three murders.

A state attorney in Alabama told a federal judge that the state is not ready to carry out an execution by nitrogen hypoxia. Alan Miller is currently scheduled to be executed by lethal injection. However, Alan claims that several years ago, he chose to be executed by nitrogen instead of lethal injection and that the prison lost his paperwork. He is appealing to have his execution halted. Execution by nitrogen is approved in Alabama and two other states, however, it has never been used. Alabama attorney James Houts told U.S. District Judge R. Austin Huffaker Jr. that prison officials attempted to fit Alan for a mask in preparation for a gas execution, however, the inmate declined to allow it. Alan’s lawyers claim that while Alan prefers to be executed by nitrogen rather than lethal injection, he does not want to be the test case for an untried execution method and that they want more details on the process. As a new and untried method of execution, it is expected there will be several appeals regarding the use of nitrogen hypoxia, which would, using a mask, replace oxygen with nitrogen. 

Pray for healing for the families of Lee Holdbrook, Christopher Yancy, and Terry Jarvis. Pray for strength for the family of Alan Miller. Please pray that if Alan is innocent, lacks the competency to be executed, or should not be executed for any other reason that evidence will be provided before his execution. Pray that Alan may come to find peace through a personal relationship with Jesus Christ.

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