Alabama executes Alan Eugene Miller with nitrogen gas for 1999 killings
(ATMORE, Ala.) — Alabama carried out the second-ever nitrogen gas execution in the United States on Thursday.
Alan Eugene Miller, 59, was sentenced to death for the 1999 murders of his then-coworkers Lee Holdbrooks and Christoper Scott Yancy, and his former supervisor Terry Lee Jarvis.
Miller was executed after 6 p.m. CT at the William C. Holman Correctional Facility, a state prison in Atmore, Alabama. His time of death, according to Gov. Kay Ivey’s office, was 6:38 p.m.
“Justice has been served,” Alabama Attorney General Steve Marshall said in a statement. “After two decades, Alan Miller was finally put to death for a depraved murder spree that cruelly 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 might now find peace and closure,” Marshall’s statement concluded.
Miller was initially sentenced to be executed in September 2022 via lethal injection, but it was called off after officials had trouble inserting an intravenous line to administer the fatal drugs and were concerned they would not be able to do so before the death warrant expired.
Prior to the botched execution, the state had considered carrying out the death sentence via nitrogen hypoxia, according to the Death Penalty Information Center, a nonprofit that provides data and analysis on capital punishment.
In November 2022, Alabama officials agreed not to execute Miller by lethal injection again but said if they made a second effort, the state would use nitrogen hypoxia as the method, the DPIC said.
In May 2024, the Alabama State Supreme Court agreed to let the Department of Corrections carry out Miller’s death sentence by nitrogen hypoxia.
It comes after Alabama became the first state to execute a prisoner, Kenneth Eugene Smith, by nitrogen gas in January of this year.
Nitrogen hypoxia is the term for a means of death caused by breathing in enough nitrogen gas to deprive the body of oxygen — in this case, intended to be used as a method of execution.
The protocol in Alabama calls for an inmate to be strapped to a gurney and fitted with a mask and a breathing tube. The mask is meant to administer 100% pure nitrogen, depriving the person of oxygen until they die.
About 78% of the air that humans breathe is made up of nitrogen gas, which may lead people to believe that nitrogen is not harmful, according to the U.S. Chemical Safety Board.
However, when an environment contains too much nitrogen and the concentration of oxygen becomes too low, the body’s organs, which need oxygen to function, begin shutting down and a person dies.
State officials have argued death by nitrogen gas is a humane, painless form of execution and that the person would lose consciousness within seconds of inhaling the nitrogen and die within minutes.
Three states — Alabama, Mississippi and Oklahoma — have approved nitrogen gas as a form of execution and Ohio lawmakers introduced a bill earlier this year to allow execution by nitrogen gas.
However, medical and legal experts have told ABC News that nitrogen gas as a method for execution is untested and there’s no evidence the method is any more humane or painless than lethal injection.
Dr. Joel Zivot, an associate professor in the department of anesthesiology at Emory University School of Medicine, said he reviewed Smith’s autopsy which showed blueness of the skin, pulmonary congestion and edema, which he says indicated that he died from being asphyxiated “slowly and painfully.”
“If that’s what Alabama thinks is a job well done, well then there seems to be a wide disagreement on what a job well-done means,” he told ABC News. “So, if this is again, what they intend, then they intend to kill him cruelly, and they will intend to kill Alan Miller in the same cruel way.”
Zivot has previously reported analyzing autopsies after lethal injection cases and reports finding that many show signs of pulmonary edema. In 2020, NPR said it expanded this work by analyzing over 200 autopsies after lethal injection and reported that signs of pulmonary edema were mentioned in 84% of the cases it reviewed.
Attorney General Steve Marshall described Smith’s execution as “textbook” but Zivot said it’s hard to describe nitrogen hypoxia as “textbook” and that it’s a “proven method” when it’s never been a tested method.
“I recognize that [people were] murdered and that what is at stake here is a very, very serious problem,” he said. “We’re not saying that Kenneth Smith or Alan Miller have become saint-like men as they have been incarcerated. It doesn’t matter whether they’re good or bad at this point with respect to how their punishment should be delivered. That doesn’t give us license to torture them.”
(DALLAS, Ga.) — A Georgia sheriff’s deputy was shot and killed Saturday night while responding to a call about a domestic dispute, officials said.
Paulding County Sheriff Gary Gulledge identified the deceased deputy as Brandon Cunningham, a 30-year-old father of two.
“Tonight, we’ve lost a hero,” Gulledge said.
Cunningham and another deputy were “ambushed” while responding to a home in Hiram after receiving reports of a domestic dispute, Maj. Ashley Henson said during a press conference later Saturday night.
“Unfortunately, it appears as if our deputies were ambushed,” Henson said, calling it a “tremendously tragic situation.”
Upon arriving at the address, the deputies were met with gunfire from the suspect inside the home, Henson said.
Cunningham was struck, while the other deputy avoided the gunfire.
A female victim at the scene was also shot and was transported to the ICU. She was in stable condition as of Saturday night, officials said.
The male suspect, who officials have not identified, was found dead at the scene of an apparent self-inflicted gunshot wound.
Cunningham was a father of two who had worked for the sheriff’s department since 2020.
His death marks the first officer killed in the line of duty in the Paulding County Sheriff’s Office.
In a statement shared to Facebook, the department called it “one of the hardest in the history of the Paulding County Sheriff’s Office.”
“I ask that you pray for this family — both blood and blue,” Gulledge said during the press conference. “Everybody here is hurting, our whole staff is hurting.”
(NEW YORK) — Hurricane Debby is roaring across Florida as a Category 1 hurricane after making landfall Monday morning.
A hurricane warning was issued for Florida’s Big Bend area, from near Cedar Key to Apalachicola.
Here’s how the news is developing:
Storm surge, flooding major threats
Storm surge and flooding are major threats to Florida as Hurricane Debby slams the state, Gov. Ron DeSantis warned Monday.
Significant flooding has already impacted the Bradenton and Sarasota County area up to North Florida, he said.
More than 250,000 customers without power in Florida
More than 250,000 customers are without power in Florida Monday morning, according to PowerOutage.us, which tracks energy outages.
Debby makes landfall in Florida
Hurricane Debby made landfall near Steinhatchee, Florida, on Monday morning, the National Hurricane Center said.
More than 135,000 customers without power in Florida, tracker says
More than 135,000 customers were without power in Florida early Monday, according to PowerOutage.us, which tracks energy outages.
Debby approaches landfall with 80 mph winds
Hurricane Debby is “very near” landfall along Florida’s Gulf Coast, the National Hurricane Center said at 5 a.m. ET.
“Expected to bring life-threatening storm surge in portions of Florida and major flooding in the southeastern United States,” the center said in an update.
The Category 1 storm had maximum sustained winds of an about 80 mph as it approached Big Bend, a northern area near the Panhandle, the center said.
Debby strengthens, with maximum sustained winds up to 80 mph
Hurricane Debby continued to strengthen, with maximum sustained winds rising to 80 mph, making it a Category 1 hurricane, according to the National Hurricane Center.
More than 10 inches of rain fell on the west coast of Florida, around the Tampa Bay area, where water rescues have been on going near Clearwater. Significant flooding also has been reported in Fort Myers area.
Storm surge has been rising quickly now along the Big Bend area in Florida, from Cedar Key to Keaton Beach, where up to 10 feet of Gulf water could inundate the coastline. The storm is forecast to make landfall in that area on Monday morning.
Coast Guard rescues two adrift in sailboat off Florida coast
Two people were rescued Sunday from a boat that was adrift in about 20-foot seas off the coast of Boca Grande, Florida, the U.S. Coast Guard said.
The boaters were airlifted from their 34-foot sailboat after the vessel lost its sail about 73 miles off shore, the guard said.
The sailboat had been on course for Tarpon Springs from Key West, officials said. A friend of the boaters contacted the Coast Guard at about 5 p.m. Saturday, telling officials they had missed their check-in.
“We received an updated satellite position from the boaters’ friend, which led to them being successfully located,” Lt. Cmdr. Christopher Hooper, a search and rescue mission coordinator, said in a statement.
The boaters were rescued by a crew on an Air Station Clearwater MH-60 Jayhawk helicopter at about 11 a.m. on Sunday, the Coast Guard said. They had been adrift in seas that were between 15 and 20 feet, with wind speeds at about 50 knots. Visibility was low.
The names of the people on the boat were not released.
Debby strengthens into a hurricane
The National Hurricane Center has upgraded Tropical Storm Debby to a Category 1 hurricane with winds of 75 mph.
The forecast is still on track for more strengthening overnight as Debby feeds off the warm water in the eastern Gulf of Mexico. Water temperatures running 3 to 5 degrees above average are providing plenty of fuel for this storm to intensify before landfall, which will happen around 7 a.m. ET along the Big Bend region of Florida.
Tropical Storm Debby nearing hurricane strength at 70 mph
While still a tropical storm, Debby is nearing hurricane strength, producing maximum sustained wind speeds up to 70 mph.
Debby will continue to intensify rapidly overnight as it travels northward over the Gulf’s warm waters. It is forecast to become a hurricane tonight. It is expected to strengthen to at least a strong Category 1 hurricane before making landfall along Florida’s Big Bend region Monday morning (around 7 a.m. ET), producing sustained wind speeds near 85 mph and wind gusts reaching over 100 mph possible.
Located about 90 miles southwest of Cedar Key, Florida, the storm continues to impact the Florida Gulf Coast with heavy rainfall, storm surge, powerful winds and even spin-up tornadoes.
A reported wind gust of 56 mph was reported in St. Petersburg, with two tornadoes reported in central Florida.
A 60-mph wind gust was also reported near Sarasota, Florida.
Numerous reports of flooding from heavy rainfall and surges have also been submitted up Florida’s Gulf Coast.
The Tornado Watch covering much of northern and central Florida and southern Georgia has been extended until 6 a.m. ET on Monday.
Once Debby moves over land, it will weaken. However, the lack of a steering current will cause the storm to slow down considerably. While its exact track remains questionable, model guidance suggests the storm will drift over the Atlantic or Southeast coastline late Monday night into Tuesday before meandering back over Georgia and the Carolinas. Interaction with the Atlantic could reenergize Debby, but that will greatly depend on the storm’s path.
Even though Debby’s track and timing remain uncertain later this week, there is high confidence that it will bring historic rainfall and significant flooding across portions of the Southeast.
Rainfall ranging between 6 to 12 inches is possible from Florida’s Big Bend region through southeastern Georgia and into the Carolinas. Parts of coastal Georgia and South Carolina will be in the bullseye for the heaviest rainfall. There, widespread totals between 10 to 20 inches are possible, with some places even seeing up to 30 inches locally. Because of this, significant urban and river flooding is anticipated.
Rainfall aside, hurricane and tropical storm force winds will continue to whip across Florida and will likely intensify Sunday night into Monday as the storm moves closer to the coast — with areas just south and east of the storm’s eyewall seeing the strongest gusts early Monday morning.
Storm surge will also worsen along Florida’s northern and central Gulf coast tonight into Monday morning, with the highest surge expected between Suwannee River and Ochlockonee River (6 to 10 feet).
All tropical alerts remain unchanged from the last update.
Tropical Storm Debby on track to become a hurricane overnight
As of 5 p.m. ET on Sunday, Tropical Storm Debby still has winds of 65 mph and is forecast to undergo rapid intensification into a hurricane overnight, according to the National Hurricane Center.
Debby is expected to make landfall as a hurricane in Florida’s Big Bend region on Monday morning around 7 a.m.
Rain is expected to be the most impactful element from this storm, affecting a wide area over an extended period of time.
“Across portions of southeast Georgia and South Carolina, 10 to 20 inches of rainfall, with local amounts to 30 inches, are expected through Friday morning,” the National Hurricane Center said. “This potentially historic rainfall will likely result in areas of catastrophic flooding.”
Evacuations ordered in Alachua County, Florida, as Debby set to make landfall
An evacuation order was issued Sunday for residents of Alachua County, Florida, residing in mobile homes, manufactured homes and recreational vehicles ahead of the arrival of Debby, which is forecast to be a hurricane when it makes landfall on Monday.
People living in areas close to rivers and lakes, and low-lying areas that tend to flood in Alachua County are also encouraged to evacuate, according to a statement issued by county officials.
Gainesville is the largest city in Alachua County.
“We encourage residents affected to find alternative housing with friends, family or short-term rentals,” according to the county’s statement.
Alachua County is opening three shelters for residents in need.
Tornado watch issued as Debby runs parallel to Florida’s Gulf Coast
A tornado watch was issued Sunday afternoon by the National Weather Service as Tropical Storm Debbie moved northward in the Gulf of Mexico parallel to Florida’s Gulf Coast.
At 2 p.m. Sunday, the National Hurricane Center said Debby was still a tropical storm with winds of 65 mph and forecasted to bring severe weather, including heavy rain, to coastal communities Sunday afternoon.
A tornado watch is in effect for much of Florida through Sunday evening.
Debby is expected to become a hurricane Sunday evening and will likely make landfall sometime between 7 a.m. and 8 a.m. Monday in the Big Bend area of Florida’s Panhandle.
Once Debby makes landfall, the storm is expected to slow down and essentially stall over the Southeast, dropping potentially historic amounts of rainfall as it moves into Georgia and South Carolina.
A hurricane warning is in effect for the west coast of Florida from the Ochlockonee River southwest of Tallahassee to the Suwannee River northwest of Gainesville.
More than 1,600 flights canceled due to Debby and Northeast thunderstorms
Tropical Storm Debby and thunderstorms in the Northeast were causing airlines to cancel or delay flights on Sunday.
American Airlines said it canceled 601 flights, or about 16% of its flights, on Sunday, the most of any airline.
Debby, now a tropical storm in the Gulf of Mexico, is expected to make landfall around the Big Bend area of the Florida Panhandle on Monday morning as a Category 1 hurricane.
Also causing delays and cancellations were severe thunderstorms moving up the East Coast. Parts of the mid-Atlantic states are under a severe thunderstorm watch until 9 p.m. ET Sunday, including the cities of Washington, D.C., Baltimore, Philadelphia, and New York City.
The most flights canceled on Sunday were at Charlotte Douglas International Airport, where 214 flights were canceled and another 172 were delayed, according to FlightAware.
In New York City, LaGuardia and John F. Kennedy international airports reported a combined 363 flights canceled and 258 delayed on Sunday.
Miami International Airport reported 209 canceled flights and 151 delayed fights. Airports in Orlando, Tampa, Philadelphia, Newark, Washington, D.C., and Dallas-Fort Worth all reported more than 100 flight cancellations on Sunday.
Ten million people under tropical storm alert on Florida’s Gulf Coast
About 10 million people along Florida’s west coast and up through Georgia and South and North Carolina were under a tropical storm alert Sunday as Debby took aim at the area and is forecast to make landfall in the Panhandle region on Monday.
Debby, now a tropical storm in the Gulf of Mexico about 190 miles southwest of Tampa, is expected to make landfall sometime between 7 and 8 a.m. in Big Bend on the Florida Panhandle as a Category 1 hurricane, state emergency officials said.
Debby is expected to create a storm surge of 4 to 7 feet in Cedar Key and Crystal River on the Florida west coast and a 2- to 5-foot storm surge farther south in Tampa and Sarasota.
The storm is forecast to move into the cities of Tallahassee and Jacksonville, bringing up to 20 inches of rain to some parts, before causing potential flooding in Georgia and the Carolinas on Tuesday, Wednesday and Thursday.
National Guard put on alert for search and rescue: DeSantis
Members of the Florida National Guard have been advised to be prepared to conduct search-and-rescue missions once Tropical Storm Debby makes landfall on Monday, according to Florida Gov. Ron DeSantis.
Widespread flooding is expected for the Florida Panhandle region, particularly in the Big Bend area where Debby is expected to make landfall Monday morning as a category 1 hurricane, DeSantis said during a news conference Sunday morning.
DeSantis said the Florida National Guard and the state’s Emergency Response Team are prepared to conduct search-and-rescue and provide humanitarian assistance.
“The Florida National Guard is standing by with 3,000 service members ready to assist the state Emergency Response Team, which includes search-and-rescue, route clearance, commodity distribution and protection of critical infrastructure,” DeSantis said.
The governor said at least 12 swift boat crews and flat-bottom jon boat crews are also standing by to help with rescues.
He said that more than 30,000 bottles of water, more than 160,000 meals and nearly 14,000 tarps have been pre-staged in parts of Florida that are expected to be hit hard by the storm.
DeSantis said Florida utility companies have notified up to 17,000 linemen to be ready to spring into action once it is safe to repair any damage.
Flooding forecast as Debby expected to bring up to 20 inches of rain
Florida residents in the Big Bend region of the Panhandle were warned Sunday that Debby is going to bring “catastrophic rain to the area” that will cause flooding and power outages.
Kevin Guthrie, director of the Florida Division of Emergency Management, said during a news conference on Sunday that once the Debby makes landfall as a possible Category 1 hurricane on Monday morning, winds will subside quickly, but the slow-moving storm will produce an abundance of rain.
“We’re going to be in a catastrophic rain situation where we have situations in Florida that will receive 15, maybe as high as 20 inches of rain,” Guthrie said.
Florida Gov. Ron DeSantis told residents who are in the path of the storm to expect widespread power outages.
“It’s possible that you could have serious intensification between now and landfall. It could get up to 85, 90 and 95 mph sustained winds. That is absolutely possible, particularly in parts of the state like here in Tallahassee. There’s going to be a lot of trees that are going to fall down and you’re going to have debris. You are going to have power interruptions,” the governor said.
Gov. DeSantis advises residents to make final preparations for Debby
Florida Gov. Ron DeSantis advised residents of the state’s Panhandle region on Sunday that they should be finalizing preparations for when Tropical Storm Debby makes its anticipated landfall Monday morning as a Category 1 hurricane.
“Now this is a storm that is potentially dangerous. Residents should be finalizing all of their preparations now,” DeSantis said during a news conference at the state’s Emergency Operation Center in Tallahassee.
DeSantis said Tropical Storm Debby was in the Gulf of Mexico about 190 miles southwest of Tampa as of Sunday morning with sustained winds of about 50 mph.
“But those are expected to increase,” DeSantis said. “Tropical Storm Debby is likely to become a Category 1 hurricane before making landfall in the Big Bend region of Florida.”
He said the storm was on a similar track taken by Hurricane Idalia in 2023. Idalia made landfall in Big Bend on Aug. 30, 2023, as a Category 3 hurricane and caused a devastating storm surge of 7 to 12 feet across the coastal Big Bend region in Levy, Dixie and Taylor counties.
“This storm is a similar track,” DeSantis said. “It may be a tick to the west of that. It very well may have greater impacts here in the Tallahassee region than Hurricane Idalia did. Once it crosses landfall and enters the Florida Panhandle/Big Bend Region, wherever it does, it’s going to move very slowly across northern Florida and southeast Georgia.”
(NEW YORK) — As the investigation into Sunday’s apparent assassination attempt on former President Donald Trump continues, the FBI is turning its attention to the obliterated serial number of the recovered assault-style weapon, using highly specialized techniques to uncover what’s been altered on the surface of the rifle.
Investigators are working to understand how suspected gunman Ryan Wesley Routh, who, according to court records, has a felony criminal history, allegedly obtained the semi-automatic SKS rifle.
In the tree-lined, chain link fenced area surrounding the Trump International Golf Club where the suspect was spotted by Secret Service personnel Sunday, agents found a digital camera, two bags, including a backpack and a loaded SKS-style 7.62×39 caliber rifle with a scope, according to a criminal complaint released Monday.
The serial number on the rifle “was obliterated and unreadable to the naked eye,” the complaint states.
Analysis into firearms includes conducting an urgent firearms trace. But to begin a gun trace, investigators need a serial number, and in this case, that key information was allegedly obliterated.
However, agents have several forensic techniques they can employ to restore obliterated serial numbers from a firearm.
Sources told ABC News Monday the FBI is forensically examining the firearm at its lab.
How investigators could recover an ‘obliterated’ serial number
Firearms manufactured in or imported to the U.S. are required by law to have a conspicuously engraved, cast or stamped serial number.
SKS-type firearms are not manufactured in the U.S.; they are typically manufactured in Russia or China and imported to the U.S. with stamped serial numbers, according to firearms expert and retired ATF executive Scott Sweetow.
“When the metal is stamped, and the deeper the stamp was originally, the more likely that the metal is to be deformed a significant amount below the surface,” Sweetow said in an interview with ABC News.
“And even if you take a grinder or scratch it out, or try to sand it out, those markings, the impression and the metal were deformed from the original serial number stamping process … those markings are going to typically survive,” Sweetow added.
Using a combination of specialized chemicals and instruments, investigators can reveal the serial numbers that, to the human eye, appear to be permanently removed, according to Sweetow.
As part of the process, chemical treatments are applied to “eat away” some of the defacement, grinding or scratching that was done to obscure the serial number, which is followed by using special instrumentation to view the previously invisible numbers “for what I would almost describe as a shadow that’s left in the metal where it was pressed down,” Sweetow said.
FBI and ATF also possess more advanced capabilities, including x-ray and magnetic resonance imaging, to peer deeper into the metal beyond what can be seen at the surface.
Though obliterated serial numbers can pose a challenge, investigators frequently overcome criminal efforts to hide the numbers.
“It certainly makes it a little tougher for investigators, but so many people obliterate serial numbers now or deface face them that the forensic techniques have gotten actually pretty good, to restore them much better than they were, say, 20 years ago,” Sweetow said.
Routh’s alleged possession of a firearm by a convicted felon carries a potential sentence of 15 years in prison, and the possession of a firearm with an obliterated serial number can carry an additional five years if convicted, according to federal statute.
Routh appeared in West Palm Beach federal court on Monday morning. Prosecutors said he is charged with possession of a firearm as a convicted felon and possession of a firearm with an obliterated serial number.
Routh did not enter a plea to the charges and was ordered to return to court on Sept. 23 for a pre-detention hearing. His arraignment has been scheduled for Sept. 30.