Alabama governor commutes death sentence of man who didn’t kill anyone
Alabama Governor Commutes Death Sentence for Man Not Directly Responsible for Murder
Decision highlights disparity in sentencing for felony murder cases
On Tuesday, Alabama’s governor, Kay Ivey, decided to reduce the death sentence of Charles “Sonny” Burton to life imprisonment. The execution, originally scheduled for Thursday, was deemed “unjust” by Ivey, who pointed to the unequal treatment of co-defendants in the 1991 AutoZone robbery that resulted in a customer’s death.
“Doug Battle was brutally murdered by Derrick DeBruce during a shop visit. While DeBruce received life without parole, Charles Burton was set for the death penalty despite not pulling the trigger or directing the shooter,” Ivey stated.
The legal principle of felony murder allowed prosecutors to assign culpability to all participants in the robbery, even if they didn’t commit the fatal act. Burton admitted entering the store armed and stealing cash before fleeing to a waiting vehicle. Inside, DeBruce shot Battle in the back, ending his life. This detail was confirmed in the state’s response to Burton’s clemency request.
Despite this, Ivey cited the lack of direct involvement in the killing as grounds for clemency. The victim’s daughter had previously urged mercy, publishing an op-ed in the Montgomery Advertiser. Burton expressed appreciation for her forgiveness, calling it a “great relief.”
“There has never been any doubt that Sonny Burton shares responsibility for Douglas Battle’s death,” said Alabama Attorney General Steve Marshall. “His choice to prolong the legal process through repeated appeals has not changed the fact that he deserves the death penalty.”
Burton’s case is notable as it marks the second time Ivey has commuted a death sentence. If executed, he would become the ninth person to face nitrogen gas, a method introduced in Alabama in 2024. His family and legal team praised the governor’s decision, noting the long-term support from federal defender Matt Schulz, who represented him for nearly two decades.
Burton, now 75, reflected on his situation in a recent phone interview from the William C. Holman Correctional Facility. “I didn’t assist, aid, or instruct anyone to shoot,” he said. “This was what I could give her,” he added, addressing Ivey’s clemency.
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.
