Alabama governor commutes death sentence of man who didn’t kill anyone

Alabama Governor Commutes Death Sentence for Man Not Directly Responsible for Killing

On Tuesday, Alabama Governor Kay Ivey reduced the death penalty for Charles “Sonny” Burton to life imprisonment without the possibility of parole. The execution, originally scheduled for Thursday, was deemed “unjust” by Ivey, who emphasized the disparity in consequences faced by the participants in the 1991 robbery. Burton, now 75, was among six individuals involved in the attack at an AutoZone store in Talladega, which resulted in the death of customer Doug Battle.

“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 fire, and had already exited the store by the time the killing occurred,” Ivey stated. She continued, “I cannot proceed with executing Mr. Burton under these unequal circumstances. It would be unjust to have one criminal face the death penalty while another, who actually committed the act, remains alive.”

The state acknowledged Burton’s role in the robbery, noting that he admitted to entering the store armed and stealing cash from a safe before leaving to wait for a getaway vehicle. Inside, one of his accomplices, Derrick DeBruce, shot Battle in the back, leading to his death. This fact was highlighted in the state’s response to Burton’s petition for a stay of execution from the U.S. Supreme Court.

Alabama Attorney General Steve Marshall expressed disappointment, stating that Burton “has Douglas Battle’s blood on his hands” and criticizing his prolonged legal appeals. “He could have been executed years ago, but instead chose to extend his case through numerous frivolous motions,” Marshall remarked. “The jury and judges have already decided his fate, and he should accept it.”

Burton, during a phone interview from the William C. Holman Correctional Facility, described his lack of awareness about the shooting. “I didn’t assist anyone, didn’t tell anyone to fire, and had no idea the murder was going to happen,” he said. The victim’s daughter, who wrote an op-ed in the Montgomery Advertiser urging clemency, played a significant role in the growing movement for mercy. Burton thanked her for lifting some of his guilt.

His family and legal team praised Ivey’s decision, with federal defender Matt Schulz calling it “measured, responsible, and respectable leadership.” Schulz added, “Though a simple ‘thank you’ doesn’t fully capture our gratitude, Sonny Burton and those who supported his clemency request deeply appreciate the governor’s choice.” Burton also conveyed his thanks directly to Ivey, saying, “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.”

This commutation marks the second time Ivey has spared a death-row inmate. If executed, Burton would have been the ninth person put to death by nitrogen gas, a method introduced in Alabama in 2024. His case underscores ongoing debates about the fairness of the felony murder rule, which holds all participants in a felony equally accountable for any deaths during the crime.

Abigail Brooks is a producer for NBC News. Dan Slepian, an award-winning investigative producer, has worked on “Dateline: NBC.” Jackie Montalvo serves as a producer-editor for NBC News.