Alabama set to execute man who did not kill anyone
Alabama Prepares to Execute Man Who Did Not Kill Anyone
Charles “Sonny” Burton, 75, has never personally taken a life, yet he is set for execution in Alabama on Thursday. Despite this fact, the state remains committed to carrying out the sentence, which has drawn criticism from advocates and even some who once supported it.
Felony Murder Doctrine and the Case
Burton’s death penalty stems from the legal principle of felony murder, which holds accomplices accountable for fatalities occurring during the commission of a felony, regardless of whether they directly caused the death. This doctrine allows prosecutors to charge individuals like Burton as if they had intentionally killed someone.
“Felony murder treats participants in crimes like robbery as if they were the ones who committed murder,” explains Nazgol Ghandnoosh, director of research at The Sentencing Project.
In 1991, Burton was part of a group that robbed an AutoZone store in Talladega. The incident resulted in the death of customer Doug Battle, 34, after one of his accomplices, Derrick DeBruce, shot him in the back. Burton admitted to entering the store with a weapon and stealing money from a safe, then fleeing to a waiting car. He claimed he was unaware of the shooting that followed.
Alabama’s attorney general, Steve Marshall, acknowledged this in a statement to the U.S. Supreme Court. “DeBruce fired the fatal shot after Burton had already exited the premises,” he wrote. The state argues that Burton’s role as the “ringleader” of the robbery justifies his death sentence, though he denies being responsible for the shooting.
Divergent Outcomes and Growing Support
DeBruce, who actually pulled the trigger, initially received a death sentence but was later resentenced to life in prison after his legal team was deemed ineffective during the penalty phase. For years, the two men shared death row, but Burton forgave DeBruce after his sentence was overturned. DeBruce died in custody in 2020, leaving Burton’s fate unresolved.
Burton’s case has gained unexpected backing, including from Tori Battle, the daughter of the victim. In a recent op-ed for the Montgomery Advertiser, she called for clemency, arguing that Burton’s sentence reflects a system failing to align with truth. “When a life depends on technicalities rather than the facts, it’s not justice,” she wrote, “but a disservice to my father’s memory.”
“The death penalty is too severe for someone who didn’t pull the trigger,” said Priscilla Townsend, a juror who voted for Burton’s execution. “I no longer see him as a villain. He made mistakes, just like I did. I regret my decision to sentence him to death.”
Execution by Nitrogen Gas and a Rare Mercy
Burton will be the ninth person executed via nitrogen gas in Alabama, a method first tested in 2024 with the death of Kenneth Eugene Smith. Witnesses report the process can take up to 40 minutes, raising questions about its effectiveness and humanity.
Clemency is an uncommon path for death row inmates. The Death Penalty Information Center notes that less than 1% of those sentenced to death have received a reprieve since 1972. Alabama Governor Kay Ivey has granted only one such pardon in her nine years in office. Without intervention, Burton’s life will be extinguished by the state’s latest method of capital punishment.
As the execution looms, the debate over whether Burton’s sentence aligns with the facts continues to grow, highlighting tensions between legal procedures and the pursuit of justice.