Alabama governor commutes death sentence of man who didn’t kill anyone

Alabama Governor Commutes Death Sentence for Man Not Directly Responsible for Murder

After a lengthy legal process, Alabama’s Governor Kay Ivey has decided to commute the death sentence of Charles “Sonny” Burton to life in prison without parole. The execution, originally scheduled for Thursday, was deemed “unjust” by the governor, who highlighted the disparity in sentencing between Burton and his accomplice, Derrick DeBruce.

Burton, 75, was involved in a 1991 robbery at an AutoZone store in Talladega. The incident resulted in the fatal shooting of customer Doug Battle, 34. However, Burton did not fire the gun and had already exited the premises before the murder occurred. His role in the crime was limited to entering the store armed and coordinating the theft.

“Doug Battle was brutally murdered by Derrick DeBruce while shopping in an auto parts store. 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 left the store by the time the shooting happened. Yet Mr. Burton was set to be executed while DeBruce was allowed to live out his life in prison,” Ivey stated.

Alabama Attorney General Steve Marshall expressed disappointment, noting that Burton’s actions contributed to the victim’s death. “There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands,” he said. “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 prolong his case through endless appeals,” Marshall added.

The state’s position on Burton’s case was outlined in its response to his request for a stay of execution from the U.S. Supreme Court. This acknowledgment underscores the legal principle of felony murder, which holds individuals accountable for deaths occurring during certain crimes, even if they didn’t directly commit the act.

Burton would have been the ninth person to face execution via nitrogen gas in Alabama, a method introduced in 2024. The victim’s daughter was among those advocating for clemency, emphasizing the fairness of the governor’s decision.

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.