The 27th Execution of 2026
Alabama executed Jeffrey Lee by lethal injection on September 17, 2026 for a 1998 double murder. His execution comes three months after a judge’s ruling blocked the state from putting him to death with nitrogen gas, reported The Associated Press.
Lee, 49, was pronounced dead at 6:22 p.m. at
William C. Holman Correctional Facility in Atmore, authorities said.
Twenty-seven people have been executed around the U.S. this year. Lee’s
execution was the second in Alabama this year.
Lee was convicted of killing two people during a Dec.
12, 1998, robbery at Jimmy’s Pawn Shop in Orrville, a small town about 65 miles
(105 kilometers) west of Montgomery. Jimmy Ellis, the store’s owner, and Elaine
Thompson, a store employee, were shot and killed. Another employee survived by
playing dead.
Lee’s supporters and attorneys made an unsuccessful
bid for clemency, noting that the jury that convicted him wanted him to receive
a life sentence and filing a legal challenge to the change in execution
methods.
The execution got underway just after 6 p.m.
“All is well. I just want to say to my family, I love
them. To my brothers on life row, I love them,” Lee said in his final words.
As the injection began, Lee clenched his fists on the
prison gurney. His spiritual adviser held Lee’s feet and appeared to pray. Lee
closed his eyes and did not appear to open them again.
Ruling blocked Alabama from using nitrogen gas method
The execution was carried out 98 days after Lee won a
last-minute reprieve when a judge ruled the state’s nitrogen gas method
violates the constitutional ban on cruel and unusual punishment.
Lee had been scheduled to be executed on June 11 by
nitrogen gas, but the execution was called off that night when the U.S. Supreme
Court declined to lift the judge’s
ruling. The decision was a loss for the state, which began using the gas
method in 2024.
The Alabama attorney general’s office on June 12 filed
paperwork to set a new execution date for Lee, this time using lethal
injection. Alabama Attorney General Steve Marshall said Thursday evening that
“justice was finally served.”
“In June, after Mr. Lee attempted to avoid his
deserved death sentence, I reaffirmed my commitment that justice would
ultimately be served,” Alabama Gov. Kay Ivey also said in a statement.
“Tonight, that promise was fulfilled for his victims, Jimmy Ellis and Elaine
Thompson, as well as for their loved ones who have long-awaited his sentence to
be carried out.”
Lee’s attorneys and supporters made an unsuccessful
bid for clemency, noting the jury in his case had made a recommendation of life
imprisonment, which the judge overrode.
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A jury voted 7-5 to give Lee a sentence of life
imprisonment. However, a judge overrode that and sentenced him to death.
In 2017, Alabama abolished judicial override and
stopped allowing judges to change juries’ sentencing decision in capital cases.
But the law was not retroactive. Supporters of Lee’s clemency bid held a rally
Tuesday outside the Alabama Capitol under the banner, “HONOR THE JURY.” They
gathered in a vigil Thursday night outside the Alabama Governor’s Mansion.
“His death sentence rested solely on judicial override
— an old law that Alabama has repealed,” Lee’s attorneys said in a statement
after the execution. “The State itself concluded this practice was wrong enough
to abandon yet still put a man to death under it. That is a moral failure, not
just a legal formality.”
Ivey, who declined to intervene, said in her statement
that the case “underscores exactly why” the law passed in 2017 did not apply to
existing death sentences
Two killed in 1998 pawnshop robbery
The surviving witness testified that Lee entered the
store, asked to see wedding rings and said he would be back after getting money
from his grandmother. Lee returned a short time later with a sawed-off shotgun
and shot Ellis, Thompson and the other employee. The surviving witness fell to
the floor, pretending to be dead, and called 911 once Lee left the store.
Ellis, a singer whose voice resembled Elvis Presley’s,
had gained a national following for a time as an Elvis impersonator. He
performed as the masked singer “Orion” and was the subject of a 2015
documentary.
Lee was convicted in 2000 of capital murder and
attempted murder.
Supreme Court turns back stay request
The U.S. Supreme Court on Thursday afternoon denied
Lee’s request to stay the execution to consider if the state was allowed to
make the switch to lethal injection. Justices turned back the request without
comment.
Lee filed a lawsuit in 2016 challenging the state’s
lethal injection protocol. After Alabama authorized nitrogen as an execution
method, Lee selected it as his preferred method. He agreed to dismiss the
lethal injection lawsuit in 2018 because the state agreed that “if he is to be
executed, defendants will carry out that execution by nitrogen hypoxia.”
Lee’s lawyers argued the state was bound by the terms
of that agreement to not use lethal injection. The state attorney general’s
office asked the high court to let the execution proceed, arguing that nothing
precludes the switch to lethal injection.
For decades, lethal injection was the generally
preferred U.S. execution method until problems procuring and administering the
drugs led states including Alabama to consider alternatives.
Lethal injection remains Alabama’s primary execution
method. But in 2024, the state began carrying out some executions using
nitrogen gas, which involves replacing breathable air with gas
through a respirator mask, causing death from lack of oxygen. Nitrogen has
now been used in seven executions in Alabama and one in Louisiana.
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