Governor Kay Ivey commuted the death sentence of Charles “Sonny” Burton to life in prison with no chance of parole Tuesday, two days before he was scheduled to be executed for a 1991 murder he did not commit and was not present for.
A jury convicted Burton in 1992 of felony capital murder in the death of Doug Battle, who was shot and killed during a robbery at a Talladega AutoZone store. Burton participated in the robbery but had already left the store when Battle was killed. Derrick DeBruce, who pulled the trigger, was also sentenced to death but later had his sentence commuted to life without parole. DeBruce died while incarcerated in 2020.
Ivey, who has presided over 25 executions as governor, said the decision came down to fairness.
“I firmly believe that the death penalty is just punishment for society’s most heinous offenders. In order to ensure the continued viability of the death penalty, however, I also believe that a government’s most consequential action must be administered fairly and proportionately. 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. I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances.”
Ivey was clear that Burton would face no leniency beyond escaping execution.
“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.”
As required by law, Ivey notified a representative of the Battle family and the attorney general before announcing the commutation. She also expressed gratitude to the Attorney General’s Capital Litigation Division for defending Burton’s conviction and sentence over many years.
“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,” Ivey said. “I pray that they may find peace and closure.”
Alice Marie Johnson, the White House pardon czar, praised Ivey’s decision on social media.
“Today, Governor Kay Ivey 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. The tragic death of Doug Battle 35 years ago will never be forgotten. But as his daughter, Tori Battle, powerfully wrote, executing a man who did not pull the trigger would only compound that tragedy. Justice and mercy walked together today. Mercy saves lives.”
Burton is 75 years old. His attorneys had filed a clemency petition arguing he should not be eligible for execution because he never intended to kill Battle.
Sawyer Knowles is a capitol reporter for Yellowhammer News. You may contact him at [email protected].
