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 commute the death sentence of Charles “Sonny” Burton to life without parole. This change comes just days before his scheduled execution on Thursday, which Ivey described as “unjust.”

Disparity in Sentencing

“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,” Ivey stated in a statement.

Ivey emphasized the unequal outcomes of the case, arguing that one accomplice received a lighter sentence than another. She claimed that proceeding with the execution would contradict the principle of justice, as the man who pulled the trigger remained free while Burton faced the death penalty.

Legal Doctrine at Play

The state acknowledged that Burton’s death sentence was based on the felony murder rule. This legal doctrine holds that anyone participating in a felony, such as robbery, can be equally culpable for a death that occurs during the crime, regardless of direct involvement.

According to the state’s response to Burton’s clemency request, he admitted to entering the store armed and stealing cash from a safe. He then fled to a waiting getaway car, leaving the actual shooting to his accomplice, Derrick DeBruce.

Opposition to the Decision

“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 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.”

Marshall argued that Burton’s age should not influence his punishment, stressing that the jury’s verdict should stand. Meanwhile, Burton’s supporters, including the victim’s daughter, urged clemency, with the daughter publishing an op-ed in the Montgomery Advertiser to highlight his case.

Gratitude and Support

During a phone interview from the William C. Holman Correctional Facility, Burton expressed appreciation for the public support he received. “She forgave me, and I want to say how much I appreciated that,” he remarked, noting that the victim’s daughter’s forgiveness eased his guilt.

Burton’s family and legal team praised Ivey’s decision, with federal defender Matt Schulz representing him for nearly two decades. “Governor Ivey’s choice reflects measured and respectable leadership,” Schulz said in a statement. “Though a ‘thank you’ falls short of the gratitude we feel, Sonny Burton and his loved ones deeply value this reprieve.”

Burton would have been the ninth individual executed using nitrogen gas in Alabama, a method introduced in 2024. This marks his second commuted sentence under Ivey’s administration. The article was produced by Abigail Brooks, Dan Slepian, and Jackie Montalvo of NBC News.