Robin “Rocky” Myers was sentenced to death in 1994. Alabama Gov. Kay Ivey commuted his death sentence on Friday, Feb. 28.
Gov. Kay Ivey will spare the life of Robin “Rocky” Myers who used to be on death row and would have eventually been executed.
Ivey announced on Friday that she had commuted Myers’ sentence to life with no chance of parole after he was convicted of capital murder in 1991 for his role in the death of Ludi Mae Tucker.
She said in a statement that she still believes in the death penalty but had reservations about Myers’ death sentence.
“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,” Ivey also said. “I therefore must respect both the jury’s decision to convict him and its recommendation that he be sentenced to life without parole.”
Myers’ legal team praised the decision.
“I’m not sure there are words enough to convey my joy, relief, and gratitude at learning of Gov. Ivey’s decision to commute Mr. Myers’s sentence,” said Kacey Keeton, the attorney who represented Myers in his post-conviction appeals.
She said that she had hoped Myers would experience justice and mercy one day.
“Today is that day. Life in Alabama prisons is hard, but Mr. Myers is deeply connected to family and friends whose love has sustained him. Now they, and he, will have more years together, unburdened by the terror that comes with a death sentence.”
She expressed her gratitude to those who supported Myers, to Ivey, and added that “our thoughts remain with the family of Mrs. Tucker.”
Civil rights groups and opponents of the death penalty highlighted Myers’ case for the last couple of years as an example of a person who should have his sentence of death stayed and urged the governor to use her authority to commute his sentence.
Tucker was killed in October 1991. According to court records, Myers entered her residence to use the phone after he had been hurt in a collision. He got into an argument with her cousin and husband, eventually stabbing Tucker, who died at the hospital several hours later, according to court documents.
Myers maintains his innocence. According to court documents, Myers lived across the street from Tucker and said he never entered the residence, but the two would wave to one another.
One witness said that he saw a short, stocky Black man dressed in dark clothing coming from the area of Tucker’s home. Law enforcement arrested Myers after taking him into custody on a probation violation and began to interview him.
He was indicted in Tucker’s death in 1991, and a jury convicted him of capital murder in 1994. A jury recommended he be sentenced to life without parole, but a judge overruled the recommendation and imposed the death penalty.
Before Ivey commuted his sentence, Myers was one of 30 people on death row because a judge had overturned a jury’s verdict that would have spared their lives.
Ivey said in her statement that she had enough doubts about the case to commute Myers’ death sentence.
“For example, no murder weapon was found, and no DNA evidence or fingerprints or other physical evidence tied Mr. Myers to the scene of the crime,” Ivey said. “Although Ms. Tucker knew Mr. Myers and let her attacker inside the house, neither she nor Marie Dutton — the only two eyewitnesses to the crime — ever identified Mr. Myers as the assailant. There is also other circumstantial evidence, but it is riddled with conflicting evidence from seemingly everyone involved.”
Organizations that oppose the death penalty praised Ivey’s decision.
“It is amazing that Gov. Ivey has taken the time to examine this case enough to recognize how much doubt there is about Rocky’s conviction,” said Abraham J. Bonowitz, director of Death Penalty Action, an organization that advocates to abolish the death penalty. “Many of us are convinced of his innocence and we are grateful and hope that Gov. Ivey will give similar attention to Toforest Johnson and Tommy Lane.”