ATLANTA (WSFA) - A federal appeals court has denied the Alabama Department of Corrections' request to lift a stay that's preventing the execution of inmate Torrey McNabb.
McNabb was found guilty of killing veteran Montgomery police officer Anderson Gordon in September 1997. The officer had driven up on an automobile crash caused by McNabb as he fled from a bail bondsman. McNabb opened fire on the officer, killing him.
McNabb was scheduled to die by lethal injection Thursday, but days before the execution was to take place a U.S. District Court judge issued a stay.
McNabb's stay was ordered because his challenge is "not materially different from those of Plaintiff Jeffery Lynn Borden, whose execution was stayed last week ..."
Both Borden and McNabb are challenging the humaneness of Alabama's lethal injection procedure.