Alabama Gov. Kay Ivey on Tuesday commuted Toforest Johnson’s death sentence to life in prison without the possibility of parole.
She said she had concerns that there was not enough direct evidence to carry out the death penalty.
“In the 27 executions I have overseen, I have said we review each case with careful consideration, taking into account all the facts,” Ivey said in a statement.
“When presented with Mr. Johnson’s case, I had concerns there was not enough direct evidence to carry out the most serious punishment, death.
“My decision is not a determination of innocence, but a recognition that the circumstances of this case justify commuting his death sentence to life imprisonment, without possibility of parole.”
Johnson was convicted in 1998 of the July 1995 murder of Jefferson County Deputy Sheriff William Hardy, who was shot while working off-duty security at a Birmingham hotel.
Johnson has maintained his innocence.
The conviction relied on testimony from Violet Ellison, who said she overheard a confession on a three-way phone call. Prosecutors did not disclose that Ellison later received a $5,000 reward.
Multiple witnesses placed Johnson elsewhere at the time.
“We are grateful to Governor Ivey for diligently reviewing Toforest’s case and taking action to spare an innocent man from execution,” Ty Alper, one of Johnson’s attorneys, said in a statement.
Life Behind Bars
Ivey notified Attorney General Steve Marshall and a member of Hardy’s family.
“Capital punishment is too important of a tool for Alabama to not approach it carefully and seriously. Mr. Johnson will serve the remainder of his life behind bars for the senseless murder of Deputy Sheriff William Hardy,” she added.
This is the Republican governor’s third commutation since assuming office in 2017
In her decision, she cited the fact that Burton was outside the building when the victim died in a 1991 robbery.
Burton was convicted of the shooting death of customer Doug Battle during the robbery of an AutoZone auto parts store in Talladega. Burton had already exited the store before another man, Derrick DeBruce, killed Battle. Nonetheless, prosecutors argued that Burton had led the robbery, and a jury convicted him as an accomplice.
Ivey’s first commutation was in 2025 for Robin “Rocky” Myers. She said there were enough questions about his guilt that she could not move forward with his execution.
Myers was convicted of capital murder in the 1991 stabbing of Ludie Mae Tucker, 69, at her Decatur home. Myers, who lived across the street from Tucker, has long maintained his innocence, and a juror at his 1994 trial supported the push for clemency.
“In short, I am not convinced that Mr. Myers is innocent, but I am not so convinced of his guilt as to approve of his execution. I therefore must respect both the jury’s decision to convict him and its recommendation that he be sentenced to life without parole,” Ivey said in a statement.
Before that, no Alabama governor had commuted a death sentence since 1999.