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 revised Charles “Sonny” Burton’s death sentence to life imprisonment without parole, citing injustice in his impending execution. The sentence, originally set for Thursday, was upheld by the legal system despite Burton’s role in a 1991 robbery that resulted in the death of a customer, Doug Battle. Burton did not pull the trigger in the fatal shooting, and the state acknowledged this in its response to his clemency application.
“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, 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.
Burton admitted to entering the store armed with a gun. He claimed to have stolen cash from a safe in the backroom and then fled outside to await a getaway car. Inside, one of his accomplices, Derrick DeBruce, shot Battle, 34, in the back, killing him. The legal doctrine of felony murder, which holds participants in certain felonies equally responsible for deaths during the crime, was cited as the basis for Burton’s death sentence.
“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.
Alabama Attorney General Steve Marshall expressed disappointment, noting that “Sonny Burton has Douglas Battle’s blood on his hands.” He argued that Burton’s age shouldn’t exempt him from the death penalty, as he could have been executed earlier but prolonged his case through multiple appeals. “Like many death-row inmates, he chose to drag out his case, but the jury’s decision should stand,” Marshall said.
From the William C. Holman Correctional Facility, where Alabama carries out executions, Burton told NBC News he had no knowledge of Battle’s murder. “I didn’t assist anyone, didn’t aid anyone, or tell anyone to shoot,” he emphasized.
The victim’s daughter, who published an op-ed in the Montgomery Advertiser, urged Ivey to spare Burton’s life. Burton expressed appreciation for her support, calling it a significant relief. “She forgave me, and I want to say how much I appreciated that,” he said. “She lifts a whole lot of guilt off me.”
Burton’s family and legal team, represented by federal defender Matt Schulz, praised the governor’s decision. Schulz noted that while a “thank you” may not fully capture their gratitude, they valued the clemency. Burton echoed this sentiment, stating, “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 would have been the ninth person executed by nitrogen gas in Alabama, a method first used in 2024. This marks the second time Ivey has commuted a death sentence. Abigail Brooks is a producer for NBC News. Dan Slepian is an award-winning investigative producer and a veteran of “Dateline: NBC.” Jackie Montalvo is a producer-editor for NBC News.