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 notable decision, Alabama’s governor, Kay Ivey, has revised Charles “Sonny” Burton’s sentence from death to life without parole. The execution, initially scheduled for Thursday, was deemed “unjust” by Ivey, who highlighted the disparity in consequences between Burton and the actual perpetrator of the crime.

Burton was involved in a 1991 robbery at an AutoZone in Talladega, during which a customer, Doug Battle, was fatally shot. Though Burton did not fire the gun, he was still linked to the murder through the legal principle of felony murder. This doctrine holds that anyone participating in a felony, such as robbery, can be held accountable for deaths that occur during the crime, regardless of direct involvement.

“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,” Ivey stated.

Ivey argued that it would be unfair to execute Burton when the individual who fired the fatal shot received a lighter penalty. She added, “I cannot proceed with the execution of Mr. Burton under such unequal circumstances. I believe it would be unjust for one crime participant to face the death penalty while the triggerman was not.”

“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 legal appeals. I firmly believe he should have faced the punishment decided by a jury and upheld by judges,” he continued.

Burton admitted entering the store armed and taking cash from a safe before fleeing to await his getaway car. Inside, one of his accomplices, Derrick DeBruce, shot Battle, killing him. This was confirmed in the state’s response to Burton’s appeal to the U.S. Supreme Court. The commutation marks the first time a death-row inmate has been spared via nitrogen gas execution in Alabama since the method’s debut in 2024. Burton would have been the ninth person executed using this technique.

Abigail Brooks serves as a producer for NBC News. Dan Slepian, an award-winning investigative producer and Dateline: NBC veteran, contributed to the report. Jackie Montalvo is also recognized as a producer-editor for NBC News.