Governor Kay Ivey on Tuesday commuted the death sentence of Charles L. “Sonny” Burton to life in prison without the possibility of parole, concluding it would be unjust to execute Burton while the man who pulled the trigger in the 1991 killing continues to serve a life sentence.
Burton, 75, had been scheduled for execution for his role in the capital murder of Doug Battle, who was shot and killed during a robbery at an auto parts store in Talladega. The gunman, Derrick DeBruce, ultimately received a sentence of life in prison without parole.
Such use of executive clemency is rare in Alabama, where governors have historically allowed death sentences approved by courts and juries to proceed.
In a statement announcing the commutation, Ivey said the disparity between the sentences made it impossible for her to allow Burton’s execution to proceed.
“I firmly believe that the death penalty is just punishment for society’s most heinous offenders, as shown by the 25 executions I have presided over as governor,” Ivey said. “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.”
The governor noted that Burton did not fire the weapon and had already left the store before the shooting occurred.
“Doug Battle was brutally murdered by Derrick DeBruce while shopping in an auto parts store,” Ivey said. “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.”
“I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances,” she added. “I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not.”
Under the commutation order, Burton will spend the remainder of his life in prison without the possibility of parole.
“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,” Ivey said. “He will now receive the same punishment as the triggerman.”
The governor said the decision does not diminish the loss experienced by the victim’s family.
“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.”
As required by law, Ivey said she contacted a representative of the victim’s family and notified the attorney general before issuing the commutation.
Attorney General Steve Marshall sharply criticized the decision.
“I am deeply disappointed to learn that Governor Ivey has commuted the death sentence of Sonny Burton,” Marshall said in a statement.
Marshall argued Burton bore responsibility for the killing because he organized the robbery.
“While the media has done its best to paint Mr. Burton as a harmless, decrepit old man, he is a murderer,” Marshall said. “He organized an armed robbery, held a gun to the store manager’s head, and callously doled out the proceeds of the robbery once Douglas Battle, an army veteran, was dead.”
Marshall said the jury’s decision had been affirmed repeatedly over decades of appeals.
“Burton was a career criminal before he became a murderer, and the jury rightfully held him responsible for the death that he caused,” Marshall said. “Longstanding Alabama law recognizes accomplice liability, as has every judge that has touched this case over three decades.”
Supporters of Burton’s clemency request praised the governor’s decision.
Laura Porter, executive director of the U.S. Campaign to End the Death Penalty, said the case reflects broader concerns about the fairness of capital punishment.
“We are grateful that Governor Ivey recognized that Charles ‘Sonny’ Burton should not be executed,” Porter said. “The death penalty process is deeply flawed when someone who was not present for the killing faces execution, while the person who committed the murder does not.”
Demetrius Minor, executive director of Conservatives Concerned, said the decision reflects conservative concerns about the use of government power.
“Conservatives know that government power can be abused and should not be used to execute someone who was not in the building when the murder was committed,” Minor said. “Governor Ivey acted on these conservative principles.”
Former U.S. Senator Doug Jones, who is the Democratic candidate for governor, also praised the commutation.
“As governor, you often have to make hard choices, and I am thankful Governor Ivey commuted the death sentence of Sonny Burton to life in prison without parole,” Jones said. “Mr Burton is now 75 years old, frail and has spent more than three decades in prison. He did not pull the trigger that killed the victim, while the life of the man who did pull the trigger was spared in a plea bargain, and he spent his life in prison.”
Jones noted that members of the victim’s family and jurors who heard the case had also asked the governor to commute the sentence.
“Governor Ivey tempering justice with mercy was the right decision,” he said.
Burton issued a brief statement through his attorney, Assistant Federal Defender Matt Schulz.
“She has proven to the people of Alabama, and the world, that she is a responsible Governor. And I thank her,” Burton said. “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.”
Ivey’s decision ensures Burton will spend the rest of his life in prison but not face execution for a crime in which the triggerman will not.
