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 granted clemency to Charles “Sonny” Burton, reducing his death sentence to life without parole. The decision came as a reprieve for the 75-year-old, whose execution was scheduled for Thursday. Ivey called the proceeding “unjust,” emphasizing the disparity between Burton’s fate and that of Derrick DeBruce, who was responsible for the murder during the robbery.
Details of the Crime
In 1991, Burton was involved in a robbery of an AutoZone store in Talladega. The incident resulted in the death of customer Doug Battle, 34, but Burton did not fire the gun. According to the state’s account, DeBruce shot Battle in the back while he was shopping. Burton, who had entered the store armed, stole cash from a safe in the backroom and exited to wait by a getaway car. He admitted to these actions in a phone interview with NBC News.
“I didn’t assist nobody. I didn’t aid nobody. I didn’t tell nobody to shoot nobody,” Burton stated.
Legal Context and Disparities
Burton’s death sentence relied on the felony murder rule, which holds participants in felonies like robbery accountable for deaths occurring during the crime. Despite not pulling the trigger, he was initially deemed equally culpable. However, Ivey argued that this legal doctrine led to an unequal outcome, as DeBruce, the actual shooter, received life without parole.
“I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances. I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not,” Ivey said.
Reactions and Support
The victim’s daughter played a key role in the campaign for mercy, publishing an op-ed in the Montgomery Advertiser that urged Ivey to spare Burton’s life. The governor acknowledged the support, noting it contributed to her decision. Burton expressed deep gratitude, saying the daughter’s forgiveness “lifts a whole lot of guilt off me.”
“There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands,” said Alabama Attorney General Steve Marshall, who expressed disappointment over the commutation. “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 drag out his case through endless frivolous appeals.”
Burton’s legal team, led by federal defender Matt Schulz, praised the governor’s choice. “Governor Ivey’s decision is to be applauded, as it demonstrates measured, responsible, and respectable leadership,” Schulz said. The team also highlighted the broader support from family and friends, who shared their appreciation for the clemency.
“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 added.
This marks the second time Ivey has commuted a death sentence. If executed, Burton would have been the ninth person to face nitrogen gas, a method introduced in Alabama in 2024. His case underscores ongoing debates about the fairness of capital punishment in cases where the defendant didn’t directly cause the victim’s death.
Abigail Brooks is a producer for NBC News. Dan Slepian, an award-winning investigative producer, is a veteran of “Dateline: NBC.” Jackie Montalvo serves as a producer-editor for NBC News.
