Alabama governor commutes death sentence of man who didn’t kill anyone
Alabama governor commutes death sentence of man who didn’t kill anyone
In a significant move, Alabama’s governor Kay Ivey has decided to reduce the death sentence of Charles “Sonny” Burton to life without parole. The execution, originally scheduled for Thursday, is now deemed “unjust” by the governor. Burton was one of six individuals involved in a 1991 robbery at an AutoZone store in Talladega, which resulted in the fatal shooting of a customer, Doug Battle. Though Burton did not fire the shot, his role in the crime led to his capital punishment.
Statement from Governor Kay Ivey
“Doug Battle was brutally murdered by Derrick DeBruce while shopping in an auto parts store. However, DeBruce received a life sentence. Charles Burton did not shoot the victim, did not instruct the triggerman, and had already exited the store before the shooting. Yet, Mr. Burton was prepared for execution, while DeBruce remained in prison,” Ivey stated.
The governor emphasized that executing Burton under these circumstances would be inequitable, as the actual killer lived to serve his sentence.
Response from Attorney General Steve Marshall
“There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands,” said Alabama Attorney General Steve Marshall. “Burton does not deserve special treatment simply because he is elderly—he could have been executed years earlier. His prolonged appeals, though numerous, did not alter the jury’s verdict.”
Marshall argued that the death penalty should be carried out as the jury intended, regardless of appeals.
Details of the 1991 Robbery
During the robbery, Burton entered the store armed and retrieved cash from a safe. He then fled to a waiting getaway car. Inside, Derrick DeBruce, one of Burton’s accomplices, shot Doug Battle in the back, killing him. The state confirmed this in its reply to Burton’s request for a U.S. Supreme Court stay of execution.
Legal Basis for the Death Sentence
Burton’s death sentence relied on the felony murder rule, which holds that anyone participating in a felony like robbery can be held responsible for a death occurring during the crime. This doctrine allowed the state to pursue capital punishment even if Burton did not pull the trigger.
Execution Method and Mercy Calls
Burton would have been the ninth person executed using nitrogen gas, a method introduced in Alabama in 2024. His case gained attention from advocates, including the victim’s daughter, who urged clemency. Ivey’s decision reflects a growing trend of mercy in capital punishment cases.
Abigail Brooks is a producer for NBC News. Dan Slepian is an award-winning investigative producer and a veteran of “Dateline: NBC.” Jackie Montalvo is a producer-editor for NBC News.
