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’s governor, Kay Ivey, revised the sentence of Charles “Sonny” Burton from death to life without parole. The execution, originally scheduled for Thursday, was deemed “unjust” by Ivey, who highlighted the disparity between Burton’s fate and that of his accomplice, Derrick DeBruce, who was responsible for the fatal shooting.
Burton, 75, was involved in a 1991 robbery at an AutoZone store in Talladega. The incident resulted in the death of Doug Battle, a 34-year-old customer. While Burton entered the store with a weapon and stole cash from a safe, he left before the shooting occurred. His accomplice, Derrick DeBruce, fired the fatal shot from inside.
“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. Yet Mr. Burton was set to be executed while DeBruce was allowed to live out his life in prison,” said Ivey.
The state acknowledged this in its response to Burton’s petition for a stay of execution. The legal principle of felony murder was used to justify his death sentence, holding all participants in a robbery equally accountable for the killing, even if they didn’t pull the trigger.
“There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands,” stated 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 drag out his case through endless frivolous appeals. I firmly believe that he should have faced the punishment imposed by a jury of his peers and upheld by numerous judges,” he added.
Burton, speaking from the William C. Holman Correctional Facility, expressed surprise at the decision. “I didn’t assist nobody. I didn’t aid nobody. I didn’t tell anybody to shoot nobody,” he said. The governor’s choice followed a campaign for clemency, including an op-ed by the victim’s daughter urging mercy for Burton.
“She forgave me, and I want to say how much I appreciated that,” said Burton. “She lifts a whole lot of guilt off me.”
His family and legal team praised the decision, with federal defender Matt Schulz noting, “Governor Ivey’s decision is to be applauded, as it demonstrates measured, responsible, and respectable leadership.” Schulz also shared a message from Burton to Ivey: “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 individual executed via nitrogen gas in Alabama, a method first used in 2024. He is the second person to receive a clemency from Ivey, who has since called for a more equitable approach to capital punishment.
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.
