Torrey Twane McNabb, 40, has challenged the humaneness of the state's lethal injection procedure. He was scheduled to be put to death by lethal injection at 6 pm CDT, but the Supreme Court yesterday granted a stay after McNabb's attorneys filed a flurry of appeals. The justices could still decide Thursday night to go ahead with the execution.
McNabb was convicted in the 1997 shooting death of Montgomery police Officer Anderson Gordon. Prosecutors say McNabb was fleeing a bail bondsman when he walked up and shot Gordon five times while the officer was sitting in his parked patrol car.
A lawyer for McNabb has argued that it would be wrong to carry out the execution while proceedings continue in McNabb's lawsuit.
The attorney general's office has asked justices to let the execution proceed. The state has argued they have allowed multiple executions to proceed using the sedative midazolam and that McNabb presents "nothing new" to justify halting the execution.