What is nitrogen hypoxia? Ohio lawmakers propose new execution method
COLUMBUS, Ohio (WCMH) -- As Ohio has continuously delayed carrying out death sentences for its death row prisoners, lawmakers announced on Tuesday that they are taking action to introduce a new execution method to the state.
Alongside Attorney General Dave Yost, Representatives Phil Plummer and Brian Stewart announced a new bill that would allow the use of nitrogen hypoxia to kill death row inmates in the state. Yost called this the "next step to kickstart" Ohio's death penalty system.
“This legislation does not change the manner or frequency in which capital punishments are imposed by Ohio juries," Stewart said. "However, Capital punishment is the law of the land today, the law should be followed. And existing, dually enacted capital punishment should be carried out, to give victims families the justice and finality they deserve.”
The joint announcement comes days after another state used nitrogen hypoxia as a new method to kill death row inmates. The gas could subvert a roadblock for Ohio: a lack of drugs necessary for lethal injection, which has resulted in repeated reschedulings of upcoming executions.
The newly proposed method involves death by forcing an inmate to breathe pure nitrogen gas through a respirator mask, which would deprive them of oxygen. On Thursday, Alabama used nitrogen hypoxia for the first time in history, simultaneously marking the first new type of execution introduced since lethal injection in 1982. A 58-year-old death row inmate, convicted murderer-for-hire Kenneth Eugene Smith, served as a test subject of sorts for the gas.
“What effect the condemned person will feel from the nitrogen gas itself, no one knows,” Dr. Jeffrey Keller, president of the American College of Correctional Physicians, wrote in an email to the Associated Press. “This has never been done before. It is an experimental procedure.”
Smith's execution was alarming to critics such as an assistant federal defender and a reverend, who called it the opposite of what Alabama promised would be a quick and painless death. Eyewitnesses reported that Smith convulsed in seizure-like spasms for at least two minutes, causing the gurney to shake. Smith then began breathing in gasps until he stopped breathing altogether, 22 minutes after the state began administering nitrogen hypoxia.
Converse to critics, Alabama Attorney General Steve Marshall called the result a "textbook" execution and invited other states to try it.
“As of last night, nitrogen hypoxia as a means of execution is no longer an untested method. It is a proven one,” Marshall said.
Yost commented on the Alabama execution during Tuesday's press conference.
“Look, at the run up to that execution, the inmate had made it very clear that he didn’t want to die by any means,” Yost said. “This is a convicted murderer, yes, I expected that he would struggle against his restraints.”
Smith was allowed to speak his last words into a microphone before the execution, which he used to criticize the method being used on him.
"Tonight, Alabama causes humanity to take a step backwards," Smith said before turning to present family members. “I’m leaving with love, peace and light. … Love all of you.”
Ohio has not carried out a death sentence since 2018 as it navigated issues with lethal injections. Gov. Mike DeWine called it "ongoing problems involving the willingness" of drug suppliers to sell the ingredients for a deadly cocktail to the Ohio Department of Rehabilitation and Correction. ODRC has also made subtle changes to its death row system prior to Yost's announcement. Alongside pushing back execution dates, the state said at the beginning of 2024 that it would shift the inmates to a new prison.
The Associated Press contributed to this report.