Gov. Ivey commutes death sentence of Toforest Johnson after years on death row

MONTGOMERY, Ala. (WSFA) - Gov. Kay Ivey announced Tuesday that she has commuted the death sentence of Toforest Johnson to life in prison with no chance of parole.

Johnson was convicted and sentenced to death for the 1995 capital murder of Deputy Sheriff William Hardy.

Johnson was sentenced in 1998 and has spent more than half of his life on death row. He is currently housed at Holman Prison in Atmore.

In a statement Tuesday, Gov. Ivey raised concerns about the amount of evidence against Johnson, questioning whether it was sufficient to carry out his sentence. However, she did not say she thought Johnson was innocent.

Read Gov. Ivey’s full statement:

“In the 27 executions I have overseen, I have said we review each case with careful consideration, taking into account all the facts. 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.

“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. No doubt, he is paying the price. Today, I pray for Deputy Sheriff Hardy’s loved ones. Deputy Sheriff Hardy died a hero, working hard to protect his fellow citizens.”

In 2025, former Alabama Attorney General Bill Baxley, along with a group of former Alabama state and federal prosecutors, asked a Jefferson Co. judge to grant Johnson a new trial.

In 2024, Jefferson Co. District Attorney Danny Carr pushed for a new trial.

READ MORE: Man on Alabama’s death row for murder of deputy says he’s innocent

There are currently 154 people on Alabama’s death row. Johnson was still listed on the Alabama Department of Corrections’ website as being on death row at the time of Gov. Ivey’s announcement.

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