At the young age of 18, Toby Johnson was charged with Murder along with 9 other defendants.  The state then amended his charge to Aiding and Abetting despite their admission that Toby Johnson did not commit the act of Murder or assist in anyway with the crime of Murder.  Yet, Toby received a life sentence.

 

 

 

 

 

Of the 9 defendants charged, 7 of them received sentences ranging from 5 to 20+ years.  Those same 7 defendants have been home for years, including the principal perpetrator of the murder. Toby remains incarcerated to this date and we believe as his friends, family and supporters that is time for the state to commute his sentence and bring him home. 

In a 2014 letter to the Board of Pardons, Chief District Judge McCarthy (the Judge who presided his case), supports a pardon and release of Toby Johnson.  Judge McCarthy admitted that Toby played a less significant role in the crime, yet received a harsher sentence than the other defendants including the principal perpetrator in the murder. Again in 2015, Judge McCarthy reiterated his support of Toby’s release based on his culpability in the crime and having nothing to do with the actual murder.  Despite Judge McCarthy’s ruling and support to release Toby, 10 years later Toby is still incarcerated! 

 

 

 

 

 

 

On December 19, 2023, Toby had another hearing with the Board of Pardons.  In this hearing he received 2 of 3 votes and has been granted a re-hearing for commutation.  This hearing is set for a date later in June of 2024. 

Attorney General Keith Ellison and Supreme Court Justice Natalie Hudson voted in favor of Toby’s re-hearing.  Governor Tim Walz holds the third vote.  Although the re-hearing has been granted, Governor Walz stated he would not support the hearing in June.  Governor Walz’s vote is crucial to the commutation of Toby’s sentence, pardon and release.  

Over the course of Toby’s 25-year incarceration he has faced immense adversity.  He has taken full advantage of his time by completing several educational courses.  Those courses are but not limited to: Minnesota Peer Recovery Specialist Training, Instructor courses to teach Art to other incarcerated individuals.  He graduated Suma Cum Laude with his Bachelor’s Degree.  He has also worked to develop and implement courses for prisoners.  He has taken the time to teach to classes for inmates and learned several trades.  Toby is actively involved with programs to bring forth and practice Restorative Justice.

 

 

 

 

 

 

 

 

We are asking you Governor Walz to take the time to read the case file, Judge McCarthy’s statements, the facts of the case and rectify this wrong and unjust sentence of Toby Johnson and consider granting him his freedoms.  Once doing so we are confident you will find as we, Judge McCarthy, Attorney General Ellison and Justice Hudson have determined.

 

 

 

 

 

 

 

 

     

We, his friends, family, community and state ask that you stand together with us. Please read and sign this petition, then share with others as we seek justice for Toby Johnson.

It is always the right time to do what is right!!! 

                        " FREE TOBY"