Alabama has scheduled an August execution by nitrogen gas for David Lee Roberts, 59, who was convicted over three decades ago of fatally shooting a woman while she slept.
Gov. Kay Ivey set an execution date of Aug. 21, 2025, following authorization from the Alabama Supreme Court. If carried out, it will be the seventh nitrogen gas execution in the United States and Alabama’s sixth since adopting the method last year.
Conviction and Crime Details
Roberts was convicted of capital murder for the 1992 killing of Annetra Jones in Marion County. Prosecutors said that on April 22, 1992, Roberts packed his belongings, stole money, and shot Jones three times in the head with a .22 caliber rifle while she slept on a couch.
He then allegedly poured gasoline or another flammable liquid over the floor and Jones’ body and set the house on fire to destroy evidence.
A jury voted 7-5 to recommend life in prison without parole, but a judge overrode that recommendation and sentenced Roberts to death. Alabama has since abolished judicial overrides in capital sentencing.
Mental Health Dispute
Roberts’ attorneys have sought to delay the execution, arguing he suffers from paranoid schizophrenia and is likely incompetent for execution under U.S. Supreme Court precedent.
According to court filings, a psychologist observed Roberts on Feb. 17, 2025, noting he was “hearing voices,” ranting, and displaying delusional thinking.
“Roberts has a well-established history of psychotic illness, and his mental health has deteriorated after decades on Alabama’s death row,” his lawyer wrote.
State prosecutors acknowledged Roberts’ mental illness diagnoses but argued that doesn’t render him incompetent.
“Roberts may well have a mental disease, but that doesn’t mean he is unaware of his situation or incapable of trying to prevent his execution,” the state contended.
Alabama’s Use of Nitrogen Gas
Alabama became the first U.S. state to conduct an execution using nitrogen gas in 2024, introducing the method as an alternative to lethal injection and electrocution. The process involves administering pure nitrogen through a face mask, causing death by oxygen deprivation.
The method has now been used in six executions: five in Alabama and one in Louisiana.
Roberts himself selected nitrogen gas over other methods prior to Alabama formally establishing procedures for its use.
There have been 25 executions so far in 2025 in the United States.
Roberts remains on Alabama’s death row as legal challenges continue over his mental competency and the state’s plans to proceed with his scheduled execution.