Alabama governor commutes death sentence of man who didn’t kill anyone

Alabama Governor Commutes Death Sentence for Man Not Directly Responsible for Killing

On Tuesday, Alabama’s governor, Kay Ivey, decided to commute the death sentence of Charles “Sonny” Burton to life without parole. The execution, originally scheduled for Thursday, was deemed “unjust” by Ivey, who highlighted the disparity in punishment between Burton and another participant in the crime. Burton, now 75, was one of six individuals involved in a 1991 robbery at an AutoZone store in Talladega that resulted in the fatal shooting of a customer, Doug Battle.

According to Ivey, the killer—Derrick DeBruce—was the one who pulled the trigger, yet he received a life sentence. Burton, who had already exited the store by the time the shooting occurred, admitted to carrying a weapon but claimed he did not instigate the killing or direct the triggerman. “He didn’t shoot the victim, didn’t tell anyone to do so, and was no longer present during the act,” Ivey emphasized in her statement.

“I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances. It would be unjust for one participant in this crime to be executed while the triggerman was not,” Ivey said.

The state acknowledged Burton’s role in the robbery, which led to his death sentence under the felony murder rule. This legal principle allows prosecutors to hold individuals accountable for deaths that occur during certain felonies, even if they didn’t commit the act themselves. In a phone interview from the William C. Holman Correctional Facility, Burton stated he had no prior knowledge of the murder. “I didn’t assist nobody, didn’t aid nobody, and didn’t tell anybody to shoot,” he said.

Opposition to the commutation came from Alabama Attorney General Steve Marshall, who expressed disappointment. “There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands,” Marshall noted. He argued that Burton’s age should not influence his punishment, as he had prolonged his case through multiple appeals. “He could have been executed years ago, but chose to delay the process,” Marshall added.

Burton’s case gained attention after the victim’s daughter published an op-ed in the Montgomery Advertiser, calling for clemency. The piece reportedly eased some of Burton’s guilt, as he thanked NBC News for the support. “She forgave me, and I want to say how much I appreciated that,” Burton said. His family and legal team, represented by federal defender Matt Schulz, praised Ivey’s decision as a “measured, responsible, and respectable leadership” moment.

“Just saying thank you doesn’t seem like much. But it’s what I can give her. And I do thank her. Thank you, Governor,” Burton said in a statement shared by Schulz.

Had the execution proceeded, Burton would have been the ninth person to be put to death by nitrogen gas, a method introduced in Alabama in 2024. This marks the second time Ivey has granted clemency to a death-row inmate. The article was produced by Abigail Brooks, Dan Slepian, and Jackie Montalvo of NBC News.