Alabama Gov. Kay Ivey commuted on Tuesday the death sentence of Charles “Sonny” Burton to life without parole, saying his execution, which was set for Thursday, would be "unjust."
In 1991, Burton was one of six men involved in the robbery of an AutoZone store in Talladega that ended with the murder of a customer, Doug Battle; Burton did not pull the trigger in the killing.
“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,” Ivey said in a statement.
“I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances. I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not,” she said.
Alabama Attorney General Steve Marshall expressed disappointment in a statement first to NBC News.
“There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands,” he said.
“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 said.
Burton admits to entering the store armed with a gun. He said he stole cash from a safe in the back room, then fled outside to wait by a getaway car.
Inside the store, one of his accomplices, Derrick DeBruce, shot Battle, 34, in the back, killing him. The state acknowledged this fact in its response to Burton’s application for a stay of execution from the U.S. Supreme Court.
Burton’s death sentence was possible because of a legal doctrine known as felony murder, which allows prosecutors to treat anyone involved in certain felonies, such as robbery or burglary, equally responsible for a killing that occurs during the crime, even if they did not commit the act themselves.
In a phone interview earlier this month from William C. Holman Correctional Facility, the site of the state’s execution chamber, Burton told NBC News he had no idea Battle’s murder was going to happen.
“I didn’t assist nobody. I didn’t aid nobody. I didn’t tell nobody to shoot nobody,” he said.
Ivey had faced a growing chorus of voices asking for mercy for Burton, 75, including the victim’s daughter, who published an op-ed in the Montgomery Advertiser urging Ivey to spare his life.
Burton expressed gratitude to NBC News for that show of support.
“She forgave me, and I want to say how much I appreciated that,” he said. “She lifts a whole lot of guilt off me.”
Burton’s family and legal team expressed their gratitude in a statement from federal defender Matt Schulz, who represented Burton for nearly two decades.
“Governor Ivey’s decision is to be applauded, as it demonstrates measured, responsible, and respectable leadership. Though a ‘thank you’ indeed falls short of the level of gratitude the parties wish to express, Sonny Burton, his family, his friends, his legal team, and all those who have supported Sonny’s request for clemency thank you, Governor Ivey,” said Schulz.
Schulz also shared a statement 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,” said Burton.
Burton would have been the ninth person to be executed by nitrogen gas — a method first carried out in Alabama in 2024. He is only the second person to have their death sentence commuted by Gov. Ivey.
