Man Convicted of 1993 Murder to Receive Death Penalty After Judge Tosses Objection to Execution Method

MONTGOMERY, Ala. (AP) — An Alabama inmate convicted of killing a man over a drug debt was set to be executed Thursday evening in the state’s latest death sentence carried out with nitrogen gas.

Anthony Boyd, 54, was sentenced to death for his role in killing Gregory Huguley in Talladega County more than 30 years ago. Prosecutors said Huguley was doused in gasoline and set on fire after he didn’t pay for $200 worth of cocaine.

Lawyers for Boyd were unsuccessful in their attempts to have courts give additional scrutiny to the execution method to be used when his sentence is carried out Thursday evening at William C. Holman Correctional Facility in southern Alabama. They argued it was unconstitutionally cruel.

The method that Alabama began using last year uses a gas mask strapped over the inmate’s face to replace breathable air with pure nitrogen gas, causing the person to die from lack of oxygen.

Nationally, the method has now been used in seven executions: six times in Alabama and once in Louisiana.

A jury convicted Boyd of capital murder during a kidnapping and recommended by a vote of 10-2 that he receive a death sentence for his part in the killing of Huguley, whose burned body was found on Aug. 1, 1993, in a rural Talladega County ballfield. Prosecutors said Boyd was one of four men who kidnapped Huguley the prior evening.

Boyd was convicted after a prosecution witness, testifying as part of a plea deal, said Boyd taped Huguley’s feet together before another man doused him in gasoline and set him on fire.

Boyd has maintained his innocence.

“I didn’t kill anybody. I didn’t participate in any killing,” Boyd said by telephone during an Oct. 8 news conference organized by supporters.

Defense lawyers said he was at a party on the night that Huguley was killed and that the plea deal testimony is unreliable. Boyd’s supporters placed multiple billboards across the state urging Alabama to halt the execution.

Alabama Attorney General Steve Marshall’s office in an earlier statement said that Boyd’s case has been litigated for three decades and “he has yet to provide evidence to show the jury got it wrong.”

Shawn Ingram, the man prosecutors accused of pouring the gasoline and then setting Huguley on fire, was also convicted of capital murder. He is also on death row.

Earlier this month, a federal judge refused to stop Boyd’s execution. His lawyers had argued that execution by nitrogen gas violates the Eighth Amendment because inmates are subjected to “conscious suffocation” and feel the pain and terror of being deprived of oxygen.

Boyd’s lawyers pointed to witnesses’ descriptions of inmates shaking and appearing to gasp during nitrogen executions. The state has maintained the method is constitutional and the movements are largely involuntary because of oxygen deprivation. The judge rejected Boyd’s request.

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