Nitrogen gas for executions? Ohio Republicans pitch new death penalty method

As Alabama executed convicted killer Kenneth Eugene Smith, he reportedly convulsed and shook for four minutes during the nation's first execution using nitrogen gas on Jan. 25.

Ohio Republicans want to bring that execution method to the Buckeye State.

State Reps. Brian Stewart, R-Ashville, and Phil Plummer, R-Dayton, are introducing a bill that would allow Ohio to execute death row inmates using nitrogen gas, which leads to death via asphyxiation. Inmates could choose between nitrogen and lethal injection if both methods were available.

The lawmakers were joined by GOP Ohio Attorney General Dave Yost, a former county prosecutor who called Alabama's execution a success in a social media post last week. "Death row inmates are in greater danger of dying of old age than their sentence," he wrote.

Yost, a likely contender for governor in 2026, recounted a capital punishment case he prosecuted in Delaware County: Gerald "Bob" Hand murdered his wife for insurance money and a friend. "Saying that the law of Ohio should be thwarted because pharmaceutical companies don't want to sell the chemicals is an abdication of the sovereignty of the state of Ohio, which still has this law on the books."

Plummer emphasized that these are extreme cases that have worked their way through the legal system over many years. “We need some closure for the victims in cases like these ones.”

But Allison Cohen, executive director of Ohioans to Stop Executions, said Alabama's execution was anything but a success. "We need to get away from practices and policies that are essentially human experimentation."

What is the status of Ohio's death penalty?

Ohio has not executed anyone since July 2018 because of a lack of access to lethal injection drugs. The companies that make them have boycotted states that use the drugs for executions.

Stewart questioned whether Gov. Mike DeWine, also a Republican, had done enough to procure the execution drugs. Yost was more measured, saying companies have put DeWine's administration in a difficult position.

"Whether calling their bluff would produce a different outcome or whether they would actually go through with that is an unknown and a hypothetical," Yost said. DeWine declined to comment on that.

Tuesday was not the first time that Republican lawmakers have proposed an alternative execution method. In 2019, Rep. Scott Wiggam wanted to use fentanyl seized from drug busts to execute death row inmates. That idea never took off. Other states have allowed firing squads.

"We're trying to arrive at a method that can gain the broadest support within the Legislature and hopefully pass," Stewart said of past attempts to revive the death penalty. "Our belief is that this has a better shot than some of the things that other states have done."

Meanwhile, a bipartisan group of lawmakers has called for ending the death penalty in Ohio. Backers of House Bill 259 and Senate Bill 101 cite several reasons for opposing capital punishment, including the cost, racial bias, wrongful convictions and botched executions. "If we profess to be pro-life how can we justify ending a life no matter the reason?" Rep. Jean Schmidt, R-Loveland, asked.

Stewart, who says he's "pro-life," contended: "If somebody really can't fathom the difference between an unborn child that is innocent and a child murderer, I think their moral compass is pretty faulty." Yost replied: "There's a difference between an innocent life and (a) guilty (life) that has received due process."

Senate Minority Leader Nickie Antonio, who has advocated for ending the death penalty in Ohio, condemned the new proposal, saying: "It is unfortunate that anyone would rush to the nearest camera to plead for the introduction of experimental methods to resume the barbaric practice."

DeWine, who co-sponsored Ohio's death penalty law as a state senator, recently told the USA TODAY Network Ohio Bureau that he doubted anyone would be executed during his tenure as governor. He said that the death penalty − either reinstating it or ending it − wasn't a top priority.

The governor declined to comment Tuesday on the newly proposed execution method and whether he still backs capital punishment. "I've made a decision, frankly, we have a lot of things to deal with in this state, a lot of very important issues. At this point, I'm just not going to comment beyond that."

Republicans on Tuesday hope to push the death penalty debate back to the forefront. "The status quo is unacceptable," Yost said.

Ohio currently has 118 inmates on death row, according to state prison data. The state has used several execution methods over the years, including hangings, electrocution and lethal injection.

USA TODAY contributed reporting.

Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on Cincinnati Enquirer: Ohio Republicans want to use nitrogen gas for executions