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 Governor Kay Ivey decided to reduce the death penalty for Charles “Sonny” Burton to life imprisonment without the possibility of parole. The execution, originally scheduled for Thursday, was deemed “unjust” by Ivey, who highlighted the disparity in sentencing between Burton and Derrick DeBruce, the actual shooter. Burton’s case stems from a 1991 robbery at an AutoZone store in Talladega that led to the fatal shooting of customer Doug Battle.
Case Details and Legal Context
According to Ivey’s statement, Burton was among six individuals involved in the robbery. While inside the store, one of his accomplices, Derrick DeBruce, fired the fatal shot. Burton, who had already exited the premises by the time the killing occurred, admitted to entering the store with a weapon and taking cash from a safe. He then waited by a getaway car outside, unaware the murder would take place. The state acknowledged this in its response to Burton’s request for a stay of execution from the U.S. Supreme Court.
“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 the victim 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,”
stated Ivey. She emphasized that executing Burton under these circumstances felt unjust, as the perpetrator who pulled the trigger remained in prison.
Legal Doctrine and Controversy
Burton’s death sentence relied on the felony murder rule, which holds individuals accountable for deaths occurring during certain crimes like robbery, even if they didn’t directly commit the act. The Alabama Attorney General, Steve Marshall, expressed disappointment, stating that Burton’s role in the crime made him deserving of the death penalty. “There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands,” Marshall said. “He could have been executed a long time ago, but like many death-row inmates, he chose to prolong his case through appeals.”
Victim’s Daughter and Public Support
Ivey’s decision followed increasing calls for clemency, including a letter from Doug Battle’s daughter, who published an op-ed urging the governor to spare Burton’s life. Burton thanked NBC News for the advocacy, noting how the daughter’s forgiveness eased his guilt. “She lifts a whole lot of guilt off me,” he said. His family and legal team also praised Ivey, with federal defender Matt Schulz calling her action a “measured, responsible, and respectable leadership” moment. Schulz shared a message from Burton: “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,”
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Burton would have been the ninth person executed using nitrogen gas in Alabama, a method introduced in 2024. This marks the second time Ivey has commuted a death sentence, underscoring the evolving perspectives on capital punishment in the state. Abigail Brooks, Dan Slepian, and Jackie Montalvo are contributors to NBC News.