A man who was convicted of murdering a deputy in 1995 has been given a last minute reprieve by the governor of Alabama who commuted his death sentence citing insubstantial evidence. 

Toforest Johnson, who has sat on death row for decades for the murder of Jefferson County Deputy William Hardy, was spared by Governor Kay Ivey on Tuesday, in a major development in a case that has drawn mounting scrutiny over the years.

Hardy was shot twice in the head while working off-duty as security at a hotel. Johnson has maintained me was at a nightclub during the time of the shooting. 

No physical evidence tied him to the killing, and more than 10 witnesses’ testimony placed him on the other side of town during the killing. However, one witness at Johnson’s 1998 trial testified that, while eavesdropping on a phone call, she heard a man she believed was Johnson admitting to the crime.

She was paid $5,000 in 2001 for her testimony, but Johnson’s lawyers argue that the state withheld evidence of monetary motivation for the testimony. 

Danny Carr, the Jefferson county district attorney who was the original prosecutor, has called countless times for the conviction to be overturned.

Johnson, who has been firmly stationed on death row since 1998, has since seen his conviction questioned by advocates, podcasters and current and former legal officials despite his lawyers and famed names like Kim Kardashian protesting his innocence.

But for his daughter, Akeriya Terry, the governor’s decision represents a breakthrough after a lifetime spent fighting determinedly to save her father.

 Toforest Johnson, who has spent nearly three decades behind bars has been granted a last-minute lifeline and has been spared from execution

Johnson was convicted of the 1995 murder of Jefferson County Deputy William Hardy, who was shot and killed while working as a off duty security at the time

His family and legal team are continuing to fight for his release, determined to see him reunited with the daughter Akeriya Terry (left) who has spent much of her life campaigning for him

‘I was like, OK, somebody’s listening. We’re making some moves, we’re making some waves,’ she said tears of joy streaming down her face when she received the news.

Ivey said she had reviewed the case and concluded that the evidence did not support the death penalty.

But the governor’s decision does not mean Johnson has been freed or that his conviction has been overturned.

She added: ‘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.’

Yet for Terry, the positive news struck the crux of a battle she and other supporters have fought for years.

‘I’m going to cry, because that’s what we’ve been saying this whole time, there’s nothing there that would tie him to this case,’ she said.

Terry was a young girl when her father went to prison and has spent much of her life knowing him through letters, phone calls and visits behind glass.

Yet she says incarceration has never prevented Johnson from being the father she can turn to when she needs him most.

‘If I have a problem, I can call him and he can just talk me off the ledge,’ she revealed.

‘Having a father in prison but still be an active father is something I just praise him the most for.’

Kay Ivey, the Alabama governor, who has overseen 27 executions during her time in the role, commuted Johnson’s sentence to life in prison without parole. Her decision on Tuesday comes shortly after another Republican governor, Ron DeSantis, cancelled a planned execution for the first time earlier this month

For years, the possibility of an execution has overshadowed the family’s hopes of one day being reunited. Now, Terry says she no longer wakes up with the same fear that the governor could set a date for her father’s death

For years, the family has lived with the looming fear that an execution date could be set. Now, Terry says, that immediate dread has been lifted – although her fight to bring her father home is far from over.

Through decades of uncertainty, she has clung to one small ritual: making a wish whenever she sees a redbird.

Since elementary school, Terry says she has blown a kiss towards the birds and wished for the same thing – her father’s freedom.

‘Just look at a redbird still and just keep hope alive,’ she said. ‘Just praying and wishing that all of this will come to an end soon.’

After around 25 years of making that wish, she believes it may finally be within reach.

‘My wish is making its way, because we’re almost to the finish line,’ she said.

His attorneys have welcomed the commutation and vowed to continue fighting until he is reunited with his family.

Ty Alper, one of Johnson’s attorneys, said they are grateful to Ivey for ‘diligently reviewing Toforest’s case and taking action to spare an innocent man from execution’. 

Alper said the fight to overturn the conviction will continue.

‘Toforest Johnson 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,’ Alper said.

There has been a years-long legal effort to win a new trial in the case that has garnered national attention, including support from Kim Kardashian

For Terry, the struggle began so early that she cannot remember a time when she was not fighting for her father.

‘It’s just been a long fight, and this is just the beginning, getting this news today, so we’re going to keep fighting.’