Alabama governor commutes death sentence of man who didn’t kill anyone
Alabama governor commutes death sentence of man who didn’t kill anyone
In a surprising turn of events, Alabama Governor Kay Ivey has decided to spare Charles “Sonny” Burton’s life, replacing his death sentence with life imprisonment without parole. The execution, originally scheduled for Thursday, was deemed “unjust” by the governor, who highlighted the disparity in punishments between Burton and another co-defendant in the 1991 crime.
Disparity in sentencing
The case revolves around the robbery of an AutoZone store in Talladega, which resulted in the fatal shooting of customer Doug Battle. While Derrick DeBruce fired the lethal shot, Burton was not the triggerman. Ivey’s statement emphasized that the victim was killed during the robbery, yet DeBruce received a life sentence, whereas Burton faced the death penalty.
“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 do so, and had already exited the store when the shooting occurred. Yet Mr. Burton was set to be executed while DeBruce was allowed to live out his life in prison,” Ivey said.
“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,” she added.
Legal framework and aftermath
The state acknowledged that Burton’s death sentence stemmed from the felony murder rule, a legal principle that holds anyone involved in a felony, such as robbery, accountable for a death that occurs during the commission of the crime. This doctrine allowed Burton’s case to proceed under the threat of execution, even though he wasn’t the one who shot Battle.
Burton, now 75, admitted to entering the store armed with a gun. He claimed he took cash from a safe and fled to a waiting getaway car, leaving the fatal shooting to his accomplice. The state’s response to Burton’s request for a stay of execution from the U.S. Supreme Court confirmed this account, stating that DeBruce had carried out the killing.
Execution method and significance
Burton’s commutation means he will avoid becoming the ninth individual executed using nitrogen gas in Alabama—a method introduced in 2024. Alabama Attorney General Steve Marshall expressed disappointment, stating that Burton “has Douglas Battle’s blood on his hands” and criticized his decision to prolong the legal process through “endless frivolous appeals.”
“He could have been executed a long time ago, but like many death-row inmates, he chose to drag out his case. I firmly believe he should have faced the punishment imposed by a jury of his peers and upheld by numerous judges,” Marshall said.
Abigail Brooks is a producer for NBC News. Dan Slepian, an award-winning investigative producer and veteran of “Dateline: NBC,” contributed to the report. Jackie Montalvo serves as a producer-editor for NBC News.