Alabama Governor Spares Death Row Inmate Days Before Scheduled Execution

Alabama Governor Kay Ivey commuted the death sentence of 75-year-old Charles "Sonny" Burton to life in prison without parole, just two days before his scheduled execution. Burton was convicted for his role in a 1991 robbery that resulted in murder, though he didn't pull the trigger.

Alabama Governor Kay Ivey made the rare decision Tuesday to spare the life of a death row prisoner who was set to be executed this Thursday, even though the man never directly killed anyone.

The governor changed Charles “Sonny” Burton’s death sentence to life imprisonment without any chance of parole. The 75-year-old Burton had been found guilty of capital murder in connection with Doug Battle’s shooting death during a 1991 robbery. However, it was another individual, Derrick DeBruce, who actually fired the fatal shot after Burton had already exited the store.

The fatal incident took place on August 16, 1991, at an AutoZone auto parts store in Talladega during an armed robbery. Doug Battle, a 34-year-old military veteran with four children, was gunned down after walking into the store while the crime was in progress.

According to court testimony, Burton had declared before entering the store that he would “take care of it” if anyone caused problems during the robbery.

When Battle walked into the store as the crime was wrapping up, he threw down his wallet and got on the ground, then had words with DeBruce. LaJuan McCants, who was 16 years old at the time, gave testimony that Burton and the others had already left the premises when DeBruce shot Battle in the back.

Both DeBruce and Burton received capital murder convictions and death sentences from a jury. During final arguments, prosecutors claimed Burton bore equal responsibility to Derrick DeBruce “because he’s there to aid and assist him.” The prosecution used Burton’s earlier statement about handling trouble as proof he led the robbery, though Burton’s legal team challenged this characterization.

DeBruce successfully appealed his death sentence when a court determined his legal representation was inadequate. He received a new sentence of life in prison and eventually died while incarcerated.

Ivey explained she “cannot proceed in good conscience with the execution of Mr. Burton” given that the actual shooter had his sentence reduced to life imprisonment.

“I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not,” Ivey stated. “To be clear, Mr. Burton will not be eligible for parole and will rightfully spend the remainder of his life behind bars for his role in the robbery that led to the murder of Doug Battle. He will now receive the same punishment as the triggerman.”

This marks just the second instance the Republican governor has shown mercy to a death row prisoner during her tenure, which has overseen 25 executions.

“The murder of Doug Battle was a senseless and tragic crime, and this decision does not diminish the profound loss felt by the Battle family. I pray that they may find peace and closure,” Ivey stated.

The governor’s choice sparked both support and opposition from various officials.

Alabama Attorney General Steve Marshall expressed being “deeply disappointed” with the decision and argued Burton’s execution should have proceeded as planned. Marshall maintained that Burton orchestrated the armed robbery that resulted in Battle’s death, noting that “longstanding Alabama law recognizes accomplice liability, as has every judge that has touched this case over three decades.”

“There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands,” Marshall declared.

Alice Marie Johnson, who former President Donald Trump appointed as his “pardon czar” last year, commended Ivey’s decision. She said the governor “showed what courageous and common sense leadership looks like.”

“By commuting the death sentence of Charles ‘Sonny’ Burton, she ensured that justice — not technicalities — guides the most serious decision a state can make,” Johnson posted on social media.

Similar clemency decisions have been made by other Republican governors when concerns arose about executing the less responsible party. Oklahoma Governor Kevin Stitt commuted Tremane Wood’s sentence to life last year, matching his brother’s punishment after the brother admitted to the killing.

Burton will be relocated from Alabama’s death row, where he has been held since 1992, though the timing of this transfer remains uncertain. The Alabama Department of Corrections spokesperson did not respond immediately to requests for information.

Burton will remain imprisoned for life with no possibility of release on parole.