Alabama set to execute man who did not kill anyone
Alabama Set to Execute Man Who Did Not Kill Anyone
Charles “Sonny” Burton, 75, has been on death row for over three decades, yet his case hinges on a single fact that remains uncontested: he was never the one to pull the trigger. On Thursday, Alabama will proceed with his execution, despite the clear evidence that his role in the 1991 AutoZone robbery was limited to entering the store and fleeing to a waiting car.
The legal principle of felony murder has been central to Burton’s conviction. This doctrine allows prosecutors to hold individuals accountable for deaths that occur during the commission of certain crimes, such as robbery or burglary, even if they did not directly cause the fatal act. “Felony murder transforms participants in a felony into potential murderers,” explains Nazgol Ghandnoosh, director of research at The Sentencing Project. “It shifts the burden of guilt to those present, regardless of their intent.”
During the robbery in Talladega, Burton admitted to carrying a weapon but claimed he only intended to steal cash. One of his accomplices, Derrick DeBruce, shot Doug Battle, 34, in the back, resulting in his death. Alabama’s attorney general, Steve Marshall, acknowledged this in a court filing: “DeBruce struck Battle, knocking him to the ground, then fatally shot him. Burton had already exited the store by that point.”
While DeBruce was initially sentenced to death, his punishment was later reduced to life in prison due to ineffective legal representation during his trial. This left Burton as the sole remaining defendant, despite his assertion that he did not order the shooting. “I didn’t tell anyone to kill,” he told NBC News. “I would have stopped it if I knew.”
Burton’s case has sparked debate, with even some jurors who convicted him expressing regret. Six jurors submitted affidavits urging Alabama Governor Kay Ivey to grant clemency. “The death penalty feels excessive for someone who didn’t fire the gun,” said Priscilla Townsend, one of the jurors. “I see him as a person who made poor choices, just like I did.”
The victim’s daughter, Tori Battle, who was 9 at the time of her father’s death, has called for mercy. In an op-ed published by the Montgomery Advertiser, she wrote: “Mr. Burton’s sentence is not driven by moral certainty, but by procedural barriers. When justice depends on technicalities instead of truth, it fails to honor my father’s legacy.”
Burton’s execution will mark the ninth use of nitrogen gas in Alabama, a method introduced in 2024 after a botched lethal injection attempt. Witnesses report that the process takes between 15 to 40 minutes, raising questions about its efficacy. Despite this, the state maintains that Burton’s sentence is justified. “His death penalty is long overdue,” Marshall argued in a Supreme Court filing.
Clemency is uncommon; the Death Penalty Information Center estimates less than 1% of death row inmates have had their sentences reduced since 1972. Governor Ivey has only commuted one death sentence in her nine years in office. Without intervention, Burton will become the latest to face the ultimate punishment, even as supporters question whether the system has served justice.