Alabama Governor Kay Ivey has scheduled the execution of Carey Dale Grayson, 49, for November 21. This will be the third time the U.S. has used nitrogen gas as a method of execution.
Grayson was convicted for his involvement in the 1994 murder of Vickie Deblieux, a 37-year-old woman from Jefferson County. He was one of four teenagers involved in the crime.
Earlier this year, Alabama carried out the first nitrogen gas execution with Kenneth Smith. A second execution using this method is planned for September 26 for Alan Eugene Miller, who recently settled a lawsuit with the state regarding the execution method.
Nitrogen hypoxia, the method used, involves breathing in pure nitrogen or high concentrations of it until death occurs from lack of oxygen. This method has been controversial, with concerns about its effects. Veterinarians, for example, refuse to use it for euthanizing animals because it may cause distress.
During Smith’s execution, he shook for several minutes, raising questions about the process. While the state attorney general called it “textbook,” lawyers for inmates argue that it caused unnecessary pain and suffering.
Grayson’s lawyers are currently trying to stop his execution, arguing that the method used causes unconstitutional levels of pain. They point to Smith’s execution as evidence of “conscious suffocation.”
After Smith’s execution, Alabama Attorney General Steve Marshall stated that nitrogen hypoxia is now a “proven” method. He also mentioned that 43 other death row inmates in Alabama have requested to be executed using nitrogen gas.
Grayson’s attorney, Matt Schulz, expressed disappointment that the execution was scheduled before the courts could review their case.
In a related case, Alan Eugene Miller recently settled a lawsuit with Alabama regarding the state’s nitrogen gas protocol. The details of the settlement are confidential, and it’s unclear if the state will change its procedures for future executions.
Grayson was charged with the torture and murder of Vickie Deblieux on February 21, 1994. Prosecutors say that Deblieux, who was hitchhiking from Tennessee to Louisiana, was picked up by Grayson and three other teenagers. They took her to a wooded area, attacked her, and threw her off a cliff. The teens later mutilated her body.
Grayson, Kenny Loggins, and Trace Duncan were all sentenced to death, but Loggins and Duncan had their sentences reduced after a 2005 U.S. Supreme Court ruling that banned the execution of offenders who were under 18 at the time of the crime. Grayson was 19 when the crime occurred. The fourth teenager received a life sentence.