Here’s why Alabama’s governor commuted the death sentence of a man convicted of killing a sheriff’s deputy

MONTGOMERY, Ala. (WSFA/Gray News) - Alabama Gov. Kay Ivey commuted the death sentence of a man convicted of killing a sheriff’s deputy.

Toforest Johnson’s sentence was commuted to life in prison with no chance of parole.

“We are grateful to Governor Ivey for diligently reviewing Toforest’s case and taking action to spare an innocent man from execution,” said Ty Alper, one of Johnson’s attorneys. “This significant milestone was made possible by Alabamians from all sectors of society united in their belief that Toforest does not belong on death row. That list now includes Governor Ivey.”

Johnson was convicted and sentenced to death for the 1995 capital murder of Jefferson County 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, Alabama.

In a statement, 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.

Johnson’s attorney said his client is innocent.

“Now it is up to the courts to overturn his conviction and grant him a new trial. We will keep fighting until he is home with his family,” he said.

In 2024, Jefferson County District Attorney Danny Carr pushed for a new trial. In 2025, former Alabama Attorney General Bill Baxley, along with a group of former Alabama state and federal prosecutors, asked a judge to grant Johnson a new trial.

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