Attorney General Steve Marshall announced that the Morgan County Circuit Court has resentenced Roy Burgess Jr. to life without parole for the 1993 capital murder of Kevin Ray Gardner, who was 16 years old at the time.
“I am pleased that justice for Kevin Gardner has been served once again,” said Attorney General Marshall. “Roy Burgess took the life of an innocent young man who died trying to help a classmate. On the scales of justice, Burgess’s age at the time of his offense could not excuse or diminish the savage and evil nature of his crime. Today, the court correctly ruled that he should again receive the maximum allowable punishment for which he is eligible—life without parole.”
Burgess was first convicted in 1994 and initially sentenced to death by a judge for committing the crime at age 16. He appealed his sentence to the Alabama Supreme Court, and in 2001, Burgess was resentenced to life imprisonment without parole. In 2012, however, a U.S. Supreme Court ruling stated that mandatory life-without-parole sentences could not be imposed on juveniles convicted of capital murder.
In October 1994, Burgess was convicted of one count of capital murder-robbery for killing Kevin Gardner on August 12, 1993. Burgess had planned to lure Gardner to a remote area where he could rob and kill him. Once secluded, Burgess shot Gardner in the head at close range unprovoked. He then dragged Gardner’s body out of the car and hid it behind bushes before driving to Birmingham to sell the car for extra cash.
During the resentencing hearing, evidence regarding Burgess’s age at the time of his crime, his involvement in it, family history, and other factors were reviewed by the court. After considering all evidence presented, including testimony about these factors, the court concluded that “the capital murder committed by Burgess did not result from youthful indiscretion and transient immaturity.” The violent nature of his act and its senselessness outweighed any consideration given to his age during sentencing.
Attorney General Marshall acknowledged those involved in handling this case including Assistant Attorneys General Riggs Walker, Chenelle Smith, and Sara Rogan. The original prosecution was conducted by the Morgan County District Attorney’s Office with investigative support from Decatur Police Department.