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Governor intervenes to halt execution
Charles "Sonny" Burton, 75, was scheduled to die by nitrogen gas on Thursday for a 1991 killing he did not commit. Alabama Governor Kay Ivey commuted his sentence to life without parole, citing concerns over fairness in the state's felony murder law.
The crime and conviction
On August 16, 1991, Burton and five others robbed an AutoZone store in Talladega, Alabama. While Burton had already left the building, another robber, Derrick DeBruce, shot and killed customer Doug Battle during an argument. Prosecutors never disputed Burton's absence during the shooting.
Under Alabama's felony murder rule, co-conspirators can be sentenced to death even if they did not directly commit the killing. DeBruce, the gunman, initially received a death sentence, but it was later reduced to life without parole due to inadequate legal representation.
Family's plea for mercy
Tori Battle, the victim's daughter, was nine years old when her father was killed. In an op-ed for the Montgomery Advertiser, she questioned the justice of executing a man who did not pull the trigger.
"My love for my father does not require another death, especially one that defies reason."
Tori Battle, daughter of Doug Battle
She added that no state official had ever explained why Alabama believed it necessary to execute someone who did not commit the murder.
Governor's decision
Governor Ivey, a Republican who has overseen 25 executions, stated she could not proceed with Burton's execution in good conscience.
"I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not."
Governor Kay Ivey
While reaffirming her support for the death penalty, Ivey emphasized the need for fairness and proportionality in its application.
Reactions and legal context
Alabama Attorney General Steve Marshall criticized the decision, arguing Burton's age should not grant him special treatment.
"Burton does not deserve special treatment because he is old-he could have been executed a long time ago, but like many death-row inmates, he chose to drag out his case through endless frivolous appeals."
Alabama Attorney General Steve Marshall
Burton, who uses a wheelchair due to health issues, told CNN he had apologized to the Battle family. "I didn't kill no one, true enough, but I made a mistake by being part of the crime," he said.
What happens next
Burton will now serve life in prison without the possibility of parole. His case reignites debate over Alabama's felony murder law, which allows co-defendants to be sentenced to death even if they did not commit the killing.
