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Alabama governor commutes death sentence, citing concerns about direct evidence

Toforest Johnson, convicted in a 1995 deputy's killing, maintains his innocence, and his attorneys vow to keep fighting the conviction.

Updated Oct 21, 2026 · 00:13 UTC4 reports

The short version

  • Alabama Gov. Kay Ivey on Tuesday commuted the death sentence of Toforest Johnson to life in prison without parole.[ABC News · CBS News]
  • Ivey said she had concerns that there was not enough direct evidence to carry out a death sentence, and said the decision is not a finding of innocence.[ABC News · CBS News]
  • Johnson was convicted in the 1995 killing of Jefferson County Deputy Sheriff William Hardy and has long said he is innocent.[ABC News · CBS News]
  • Jefferson County District Attorney Danny Carr wrote in a 2024 court filing that the evidence has weakened over 20 years, and Johnson's attorneys say they will keep fighting the conviction.[ABC News · CBS News]

Key facts

  • Ivey commuted Johnson's death sentence to life in prison without parole on Tuesday.[ABC News · CBS News]
  • Ivey said she had concerns that there was not enough direct evidence to carry out the death penalty.[ABC News · CBS News]
  • Ivey said the decision is not a determination of innocence.[ABC News · CBS News]
  • Johnson was convicted of the 1995 murder of Jefferson County Deputy Sheriff William Hardy.[ABC News · CBS News]
  • Johnson has long maintained he is innocent and says he was on the other side of town at the time of the shooting.[ABC News · CBS News]
  • Johnson's attorney Ty Alper said the team is grateful to Ivey and that the fight to overturn the conviction will continue.[ABC News · CBS News]
  • District Attorney Danny Carr wrote in a 2024 court filing that the evidence in the case has weakened over 20 years.[ABC News · CBS News]

What remains uncertain

  • Whether Johnson's conviction will be overturned or a new trial ordered remains unresolved, since his defense says it will keep pursuing court action.[ABC News · CBS News]
  • The commutation does not resolve Johnson's guilt or innocence, because Ivey said her decision is not a determination of innocence.[ABC News · CBS News]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.