Ivey commutes death sentence of man convicted in Decatur woman’s murder

MONTGOMERY — In what she called one of the most difficult decisions she’s had to make, Gov. Kay Ivey has commuted the death sentence of Rocky Myers to life in prison with no chance of parole.

Myers was convicted and sentenced to death for the 1991 capital murder of Ludie Mae Tucker in Decatur.

Ivey said she notified a representative of Tucker’s family, as required by law, and later informed Attorney General Steve Marshall.

“Thus far as governor, I have presided over 22 executions, and I will never waver in my belief that the death penalty is just punishment for society’s most serious crimes,” Ivey said in the release. “I also reject all attempts to manipulate the system by activist lawyers for death row inmates who make unfounded claims of contrived injustices.

“However, in the case of Ludie Mae Tucker’s murder, I have enough questions about Mr. Myers’ guilt that I cannot move forward with executing him. 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. 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.”

In making the decision, Ivey said she believed Myers is guilty, but she’s not convinced he should be executed.

“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,” she said. “I therefore must respect both the jury’s decision to convict him and its recommendation that he be sentenced to life without parole.

“This decision has been one of the most difficult decisions I’ve had to make as governor. But it pales in comparison to the pain and suffering Ludie Mae Tucker and Marie Dutton endured on the night of October 4, 1991 – and to the many hardships the Tucker family has endured at the hands of our imperfect justice system. I pray that the Tucker family may, in some way, find closure and peace knowing this case is closed, and Mr. Myers will spend the rest of his life in prison.”

Ivey expressed her gratitude to the Tucker family for working with her team to discuss this case. She also expressed thanks to the Attorney General’s Capital Litigation Division for their work over many years defending Myers’ lawful conviction and sentence, the news release said.