State to pay $1 million to the daughters of slain Bibb County Deputy Brad Johnson
Governor Kay Ivey announced on Wednesday that the State of Alabama will pay $1 million* – the maximum amount allowable under State law – to the two daughters of Bibb County Deputy Sheriff Bradley Johnson, who was fatally shot in the line of duty just over a year ago by dangerous career criminal Austin Patrick Hall. “Fundamental flaws in Alabama law granting correctional incentive ‘good time’ to inmates failed Deputy Johnson and his family,” said Gov. Ivey. “On January 9, I issued an executive order to halt the deficiencies in correctional good time that allowed inmates reduced prison sentences and early release despite records of violent behavior and escape.” On June 29, 2022, Deputy Johnson and his colleague, Deputy Chris Poole, were investigating a stolen car that Hall was driving. Hall had only been recently released from prison. Johnson and Poole were each struck by gunfire. After a 16-hour manhunt, Hall was taken into custody and charged in the case. Deputy Poole recovered from his gunshot wounds. Deputy Johnson passed away from his injuries the following day. The Alabama Legislature prioritized legislation during the past regular session, further limiting who can be released on good time. “On April 14, I was also proud to sign into law SB1, which codifies further reforms to correctional good time to ensure that convicted felons no longer access loopholes in the law to threaten law enforcement and the public,” Ivey said. “Alabama stands behind our law enforcement personnel, and we must do all we can to ensure they are afforded every protection under the law to safely do their jobs.” On June 16, 2023, Austin Patrick Hall was indicted on three counts of Capital Murder in the death of Deputy Johnson, one count of Attempted Murder, and one count of Discharging a Firearm into an Occupied Automobile. Poole and Johnson were awarded the Alabama Law Enforcement Medal of Honor for their pursuit of Hall. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature awards Law Enforcement Medal of Honor
On Thursday, two Bibb County deputies were awarded the Alabama Law Enforcement Medal of Honor for their successful pursuit of a dangerous career criminal. Deputies Brad Johnson and Chris Poole engaged in a high-speed pursuit of Austin Hall. After crashing the stolen car, Hall engaged the officers in a deadly gun battle. Both officers were shot in the gun battle with Hall. Officer Johnson was declared dead the next day. House Resolution 181 reads: “COMMENDING DEPUTY BRAD JOHNSON AS A RECIPIENT FOR THE 2023 ALABAMA LEGISLATIVE MEDAL OF HONOR FOR LAW ENFORCEMENT. WHEREAS, it is with highest commendation that we recognize Deputy Brad Johnson as a recipient of the 2023 Alabama Legislative Medal of Honor for Law Enforcement, Alabama’s highest law enforcement award for extraordinary courage in the line of duty; and WHEREAS, on June 29, 2022, Deputy Chris Poole initiated the pursuit of a vehicle that was reported stolen in Calera and driven by a 26-year-old felon, who had been arrested on 46 criminal charges since the age of 17; at periods during the pursuit, speeds exceeded 100 miles per hour; and WHEREAS, the driver lost control of the vehicle and began firing gunshots towards Deputy Poole, who reported on his radio that he had been shot and urged Deputy Johnson, who had joined the pursuit, to back off because of the continuing gunfire; and WHEREAS, Deputy Johnson, who was determined to provide support for Deputy Poole, arrived at the scene, began firing, and placed two shots through the windshield; as Deputy Johnson stepped onto the side rail of his Sheriff’s Department vehicle, he successfully fired two additional rounds before sustaining a gunshot wound as well; both deputies were transported by police escort to UAB Hospital in Birmingham, where Poole was treated and released, and Johnson was placed on life support, which was removed the following day; and WHEREAS, Deputy Brad Johnson was pronounced dead shortly after 3:15 P.M. on June 30, 2022; andWHEREAS, for his bravery on June 29, 2022, and for the events that followed, Deputy Brad Johnson, is highly honored and deserving of the 2023 Legislative Medal of Honor; now therefore, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE LEGISLATURE OF ALABAMA, That we hereby recognize and honor the late Deputy Brad Johnson as recipient of the 2023 Legislative Medal of Honor for Law Enforcement and by copy of this resolution prepared in honor and tribute, we commend his memory to the citizens of Alabama.” House Resolution 179 is the resolution honoring Deputy Poole. Poole was present with his family, as was the family of the late Deputy Johnson and members of the Bibb County Sheriff’s Department. The Law Enforcement Medal of Honor is awarded annually by the Legislature. Lieutenant Governor Will Ainsworth told the members of law enforcement present for the joint session: “On behalf of the people of Alabama, we appreciate what you do to keep Alabama safety.” Senate President Pro Tempore Greg Reed said, “When we are at our worse, they are at their best.” Speaker of the House Nathaniel Ledbetter said, “What an honor it is to be here today in the presence of greatness.” “We pray for you, and we pray that God puts his protection around you,” Ledbetter added. “Thank you for your service and what you do for our state.” Alabama Law Enforcement Agency Secretary Hal Taylor thanked the Legislature for giving this annual award and credited former State Rep. Howard Sanderford for starting this, “and thank you for keeping it going.” “What yall do every day is absolutely incredible for the people of Alabama,” Taylor told the officers. “We appreciate you more than you now.” Rep. Rex Reynolds said, “In Alabama, we stand with law enforcement.” Reynolds warned, “The law enforcement profession is under attack.” Reynolds said that since he was 17, Hall had been charged with 49 prior offenses prior to his violent encounters with Deputies Poole and Johnson. Hall had been released from prison just days prior on good time, even though he had other charges pending in the courts. Alabama Today asked if Hall should have been out of prison last June. “That was the basis for Senator [April] Weaver’s bill,” Reynolds said. That bill significantly curtailed good time sentence reductions awarded by prison wardens. Reynolds said that a similar situation occurred with the Huntsville police officer who was killed earlier this year. Reynolds is the former Huntsville Chief of Police. The awards ceremony occurred during a special joint session of both Houses of the Alabama Legislature. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Nathaniel Ledbetter supports April Weaver’s limits on good time bill
On Thursday, the Speaker of the Alabama House of Representatives, Nathaniel Ledbetter, announced his support for legislation imposing further limitations on “good time” incentives for prisoners to get an early release. The legislation is sponsored by State Sen. April Weaver. It would limit and reduce inmates’ access to good time incentives. “Every so often, a tragic event reveals a flaw that needs to be corrected, and the loss of Deputy Brad Johnson and the wounding of Deputy Chris Poole offers strong evidence that Alabama’s system of awarding good time credit is broken and needs to be repaired,” Ledbetter said “Alabama is no place for serious crimes, and our prisons often reward dangerous criminals for bad behavior. I commend Senator April Weaver for introducing the Deputy Brad Johnson Act,” Ledbetter added. “I’m confident it will find a welcome reception in the Alabama House.” “Good time, formerly known as “correctional incentive time,” was originally designed to encourage an inmate to behave while in custody, improve themselves in prison, and respect the orders and authority of correctional officers,” Weaver. “Ultimately, it was a tool to help improve the safety of our correctional officers who work in environments that are inherently dangerous and often unforgiving.” Weaver continued, “In Alabama, the law allows inmates to have up to 75 days removed from their prison sentence for every 30 days served, meaning that prisoners can serve less than one-third of their sentence.” Currently, Alabama law allows inmates sentenced to 15 or fewer years in prison to receive “good time” behavior incentives to reduce their time in prison. Murders, rapists, and child predators are prohibited from qualifying for good time already. Only about 9% of state inmates were eligible for these incentives, according to the Alabama Sentencing Commission. The Legislature passed the Nick Risner Act last year to make people convicted of manslaughter ineligible for good time. That bill was named for Sheffield Police Officer Nick Risner, who was killed in a gun battle with a murder suspect who had previously been convicted of manslaughter in the death of his father but who had gotten out early due to good time. Whether or not an inmate received good time has been left to the prison wardens. Due to several recent incidents, including the Johnson slaying, Gov. Kay Ivey has imposed new rules for giving inmates good time. “Our actions today, very simply put, keep violent offenders off the street, incentivizes inmates who truly want to rehabilitate and better themselves, reinforces the concept that bad choices have consequences, and keeps our public safe,” Ivey said. Not everyone supports further limiting good time. The Alabama Appleseed Center for Law and Justice is campaigning against what they call “mass incarceration.” Carla Crowder is the executive director of Alabama Appleseed. Crowder told the Associated Press that Ivey’s executive order “essentially ends good time or makes it extremely difficult for anyone to earn it given the brutal conditions across the prison system.” “This is absurd and reflects state leadership that is completely out of touch with the public safety crisis in Alabama prisons,” Crowder said. “t would be laughable, if it weren’t so sad and dangerous, that anyone believes harsher punishments will fix this crisis and make anyone safer.” Alabama is one of the most violent states in the country. The vast majority of the people in the Alabama prisons are violent offenders and/or career repeat offenders. That said, the state has chronically underfunded the Alabama Department of Corrections. Alabama’s prisons are overcrowded and, according to the U.S. Department of Justice (DOJ), are understaffed and the most violent in the country. The DOJ is suing the state, claiming that imprisonment in ADOC constitutes a cruel and unusual punishment under the Eighth Amendment of the Constitution. The state’s aged, overcrowded prison facilities, chronic underfunding, and inability to properly staff ADOC makes it possible that the federal courts could side with the DOJ. If that happens, a mass release of thousands of dangerous inmates is a real possibility. Ledbetter was chosen as the new Speaker of the House in January’s organizational session of the Legislature. With the support of the Speaker of the House, it appears that this bill may be on the fast track toward passage. The 2023 Alabama Regular Legislative Session will begin on March 7. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Bill to change ‘good time’ law named for slain deputy Brad Johnson
Bibb County Deputy Brad Johnson was shot and killed in 2022 by a man authorities said had his prison sentence shortened under Alabama’s good-time behavior incentive law despite escaping from a prison work release center in 2019. Sen. April Weaver, who was a friend of Johnson’s and lives yards from where he was fatally shot, is proposing legislation that would roll back the use of good-time incentives, cutting the time that inmates can shave off their sentences and mandating that certain actions, including escape, cause an inmate to lose all of their credit. Austin Hall, the man accused of killing Johnson and shooting another deputy, served less than four years of a nearly 10-year sentence for theft, according to state records. “They were shot by a felon who was given good-time credits even though he had a history of a lot of bad behavior when he was incarcerated,” Weaver said at a news conference Thursday. The shooting has led to calls to revamp the good-time behavior incentive law, which Weaver and Lt. Gov. Will Ainsworth on Thursday called the most generous in the country. But opponents argue the incentives are public safety tools that encourage inmates to better themselves. The issues around the suspect’s release are also complicated. Hall could have had his good-time credit revoked for the escape, but he never returned to state custody after the escape. Alabama allows certain inmates sentenced to 15 or fewer years in prison to receive “good time” behavior incentives— earning up to 75 days of credit for every 30 days of good behavior. Most inmates, including those convicted of murder or manslaughter. are not eligible. In 2021, about 9% of state inmates were eligible for these incentives, according to the Alabama Sentencing Commission. “The subject that done this had done roughly three years of his 10-year sentence and had been out roughly three days before he shot my deputy and murdered my friend,” Bibb County Sheriff Jody Wade said Thursday. Weaver’s bill would slash incentive time credits by more than half and mandate that escape and other offenses would cause an inmate to lose all of their good time credits. It would also require the prison system to submit reports about its use. The American Civil Liberties Union of Alabama opposes Weaver’s legislation, saying “people traditionally released on ‘good time’ have earned that time, and its existence incentivizes individuals to utilize education and programming opportunities.” “This bill will further entrench our state in the issues pervading Alabama’s overcrowded and unconstitutional prisons. Limiting ‘good time’ is not in the interest of public safety, as the sponsor is purporting,” Dillon Nettles, the ACLU’s Policy and Advocacy director, said in a statement. The Department of Justice has accused Alabama of housing male prisoners in violent conditions that violate the ban on cruel and unusual punishment. Hall, was serving a nine-year sentence for theft when he escaped from a Camden Work Release Center in 2019. He was on the run for about a month before he was captured after a police chase. An Alabama Department of Corrections spokeswoman wrote in a July email that Hall had a good time balance of 2,268 days but never came back to prison custody after his escape, “so he never had a disciplinary hearing to revoke the good time.” He faced other unrelated charges, but he was allowed to bond out of local jails. Justin Barkley, chief deputy general counsel for Kay Ivey, told a legislative committee earlier this month that one issue was that Hall was in a couple of different county jails and not returned to state custody. In January, Ivey issued an executive order putting uniform rules on the use of good time and seeking better communication among law enforcement agencies. Deputy Chris Poole, the other deputy shot in the incident, recalled Johnson as a man who wanted to help others. “I watched him try to get people to change their life. It wasn’t just putting them in jail and saying we’re done with you,” Poole said. Poole said after he was shot through his windshield that he radioed Johnson saying, “Brad, don’t chase him,” but Johnson continued. Weaver’s husband, a doctor, rushed to try to help Johnson after he was shot, the county sheriff said. Republished with the permission of The Associated Press.
April Weaver: When good time is no good
Bibb County Deputy Brad Johnson was a good friend of the Weaver family who knew he could always stop by our house for a warm welcome and good conversation while on patrol in our area, so it hit close to home – both emotionally and geographically – when he was murdered at essentially the foot of our driveway. Deputy Johnson was killed, and Deputy Chris Poole was also shot in the head while chasing a stolen car being driven by Austin Hall, a felon who had been given early release from prison after earning “good time” credits despite his bad behavior behind bars. A literal fatal flaw in Alabama’s “good time law” prompted Hall’s premature release from prison even though he had previously escaped from a work release program and had other attempted escapes and violent actions on his record. Had Hall served his full prison sentence as his behavior should have required, Deputy Johnson would still be alive today. I have pledged to honor the loss of Deputy Johnson and recognize the suffering of Deputy Poole by passing legislation that plugs the hole in our good time law and ensures that such senseless and outrageous loss is never allowed to occur again. Good time, which was formerly known as “correctional incentive time,” was originally designed to encourage an inmate to behave while in custody, improve themselves in prison, and respect the orders and authority of correctional officers. Ultimately, it was a tool to help improve the safety of our correctional officers who work in environments that are inherently dangerous and often unforgiving. Encouraging good behavior in prison by rewarding an inmate with days off of his sentence can make sense if done wisely, but today, the automatic revolving door nature of early release has removed the incentive altogether. In Alabama, the law allows inmates to have up to 75 days removed from their prison sentence for every 30 days served, meaning that prisoners can serve less than one-third of their sentence. An individual sentenced to serve 15 years in prison for manslaughter, for example, could be released in little more than four years, and someone sentenced to ten years for a brutal assault could serve less than three years behind bars. Though the Legislature previously limited the categories of offenders eligible for good time, the events in Bibb County offer striking evidence that more changes must be made immediately, which is why I am asking for my reform legislation to be fast-tracked when the next session convenes. Accruing good time is currently treated as a rule that is rarely, if ever, suspended, not as a privilege that is earned only through compliant actions and proper behavior. My legislation will clearly require all inmates to prove themselves for a set term of months before good time can begin to be accrued rather than continuing the current system of starting the clock when the cell door shuts. Under the current system, good time may also be earned even if the inmate has committed crimes while incarcerated. The law as it stands, does not list any conduct occurring behind bars that would disqualify an inmate from continuing to earn good time. My legislation will explicitly prohibit access to good time for those who commit serious offenses in prison. Perhaps most troubling, Alabama currently allows more than double the amount of good time as ultra-liberal California, and our inmates are released earlier than those in 23 other states. My legislation will ensure that the reward of good time is allotted in reasonable portions and does not wholly undermine the original sentence. In recent years, our state and nation have been subjected to a deadly crime wave, and no amount of manipulated data can overshadow the headlines and offenses that all of us witness daily. Given our state’s strict adherence to traditional values, Alabama should be the safest place in the country, but making that goal a reality will require an immediate course correction in policy. On the first day of the 2023 regular session, I will ask my fellow lawmakers to join me in recognizing the suffering and sacrifice of deputies Johnson and Poole by making good time an earned privilege – not an automatic right – and taking a firm step toward truth in sentencing. April Weaver represents Senate District 14, which includes portions of Bibb, Chilton, and Shelby counties. A former member of the Alabama of Representatives, she also served as regional director of the U.S. Department of Health and Human Services under President Donald Trump.
