Alabama governor commutes death sentence of man who didn’t kill anyone
Alabama governor commutes death sentence of man who didn’t kill anyone
Charles “Sonny” Burton, a 75-year-old man, has avoided the death penalty after Alabama Governor Kay Ivey decided to commute his sentence to life imprisonment without parole. The execution, originally scheduled for Thursday, was deemed “unjust” by the governor, who highlighted the unequal treatment of Burton compared to Derrick DeBruce, the actual shooter in the 1991 crime.
Victim’s Death and Burden of Responsibility
During the robbery of an AutoZone store in Talladega, Doug Battle, 34, was fatally shot by Derrick DeBruce while shopping. Despite Burton’s involvement, he did not discharge the weapon or direct the triggerman. The state’s legal response to Burton’s appeal acknowledged his role in the incident, stating he had entered the store with a firearm and participated in the theft.
“Doug Battle was slain by Derrick DeBruce during a robbery at an AutoZone location. 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 exited the premises by the time the shooting occurred. Yet Mr. Burton was set to be executed while DeBruce was allowed to live out his sentence,” Ivey stated.
The governor emphasized the moral inconsistency of executing someone who did not commit the fatal act, while another accomplice received a lesser punishment. This decision followed mounting calls for leniency, including from the victim’s daughter, who advocated for Burton’s clemency.
Legal Doctrine and Execution Method
Alabama’s legal system relies on the felony murder rule, which holds all participants in a felony equally accountable for any deaths that occur during the crime. This doctrine led to Burton’s death sentence, as the state argued his involvement in the robbery made him liable for the murder.
Burton would have been the ninth individual executed using nitrogen gas, a method introduced in the state in 2024. However, his case now stands as a testament to the debate over proportional justice.
“There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands,” said Alabama Attorney General Steve Marshall. “Burton does not deserve special treatment because he is old—he could have been executed years ago, but he chose to prolong the process through excessive appeals. I firmly believe he should have faced the punishment decided by a jury and upheld by the courts,” Marshall added.
Burton admitted to entering the store armed and taking cash from a safe before fleeing to await a getaway vehicle. The state’s response to his execution stay application confirmed this sequence of events, underscoring his role in the crime.
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.
