Alabama Governor Commutes Death Sentence for Man Not Directly Responsible for Killing
On Tuesday, Alabama’s Governor Kay Ivey decided to reduce the sentence of Charles “Sonny” Burton from capital punishment to life imprisonment without the possibility of parole. The execution, originally scheduled for Thursday, was deemed “unjust” by the governor, who argued that the circumstances surrounding the crime did not justify the death penalty for Burton.
Case Background and Legal Arguments
In 1991, Burton participated in a robbery at an AutoZone store in Talladega. The incident resulted in the death of customer Doug Battle, though Burton was not the one who fired the shot. According to the governor’s statement, Derrick DeBruce, one of Burton’s accomplices, was the actual shooter. Despite this, DeBruce received a life sentence, while Burton was set for execution.
“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,” said Ivey.
The state acknowledged that Burton’s role in the crime was secondary, as he entered the store armed, stole cash, and then exited to await a getaway vehicle. The legal doctrine of felony murder, which holds individuals accountable for deaths occurring during certain crimes like robbery, was cited as the basis for Burton’s original death sentence.
Victim’s Daughter Pleads for Mercy
Burton’s case gained attention after the victim’s daughter published an op-ed in the Montgomery Advertiser, urging the governor to grant clemency. The article emphasized the disparity between the punishment for Burton and the killer, Derrick DeBruce. Burton expressed appreciation for the daughter’s support, calling her forgiveness a significant relief.
Attorney General’s Response
Alabama Attorney General Steve Marshall voiced his disappointment, stating that “there has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands.” He argued that Burton’s age should not influence his punishment, noting that the defendant had prolonged his legal proceedings through multiple appeals.
“Burton does not deserve special treatment because he is old—he could have been executed a long time ago. Like many death-row inmates, he chose to drag out his case through endless frivolous appeals. I firmly believe he should have faced the punishment imposed by a jury of his peers and upheld by numerous judges,” Marshall added.
Family and Legal Team’s Gratitude
Burton’s family and legal team praised the governor’s decision, with federal defender Matt Schulz representing the defendant for nearly two decades. Schulz called the move “measured, responsible, and respectable leadership,” though he acknowledged the gratitude was deeper than words could convey.
“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 said in a phone interview from the William C. Holman Correctional Facility, where the state’s execution chamber is located.
This decision marks the second time Ivey has commuted a death sentence. If executed, Burton would have been the ninth person in Alabama to face nitrogen gas, a method introduced in 2024 for carrying out capital punishment.
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.
