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

Alabama Governor Commutes Death Sentence of Man Who Didn’t Kill Anyone

On Tuesday, Alabama’s governor, Kay Ivey, decided to commute the death sentence of Charles “Sonny” Burton to life imprisonment without parole, calling the execution “unjust.” The original scheduled date for Burton’s execution was Thursday. In 1991, Burton was among six individuals involved in a robbery at an AutoZone store in Talladega. The incident resulted in the death of a customer, Doug Battle, though Burton was not the one who pulled the trigger.

“Doug Battle was brutally murdered by Derrick DeBruce while shopping in an auto parts store. But DeBruce was ultimately sentenced to life without parole. Charles Burton did not shoot the victim, did not direct the triggerman to shoot, and had already left the store by the time the shooting occurred. Yet Mr. Burton was set to be executed while DeBruce was allowed to live out his life in prison,” Ivey stated.

The state acknowledged that Burton admitted to entering the store with a weapon. He stole cash from a safe in the back room and then exited to wait by a getaway car. Inside, one of his accomplices, Derrick DeBruce, shot Battle in the back, killing him. This fact was highlighted in the state’s response to Burton’s application for a stay of execution from the U.S. Supreme Court.

Burton’s case was based on a legal principle known as felony murder. This doctrine holds that anyone participating in a felony, such as robbery or burglary, can be held equally responsible for a death that occurs during the crime, even if they didn’t directly commit the act. However, the victim’s daughter recently urged Ivey to show mercy, publishing an op-ed in the Montgomery Advertiser that argued for Burton’s life.

“There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands,” said Alabama Attorney General Steve Marshall, expressing disappointment in a statement shared with NBC News. “Burton does not deserve special treatment because he is old—he could have been executed a long time ago, but like many death-row inmates, he chose to prolong his case through endless appeals.”

Burton’s family and legal team praised Ivey’s decision in a statement from federal defender Matt Schulz, who represented him for nearly two decades. “Governor Ivey’s choice deserves recognition as it reflects thoughtful and responsible leadership,” Schulz said. The statement also included Burton’s gratitude toward Ivey. “Just saying thank you doesn’t seem like much. But it’s what I can give her. And I do thank her,” he added.

Burton would have been the ninth person executed by nitrogen gas, a method first used 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, with contributions from Dan Slepian and Jackie Montalvo.