alabama Gov. Kay Ivey on Tuesday commuted Charles “Sonny” Burton’s death sentence to life in prison in response to growing public opposition to his upcoming execution Thursday.
In 1992, a jury found Burton guilty of felony murder in the death of AutoZone customer Doug Battle during a 1991 Talladega AutoZone store robbery.
Although Burton participated in the robbery, he did not kill Battle and was not in the store at the time of the murder. Derek DeBruce, who was responsible for shooting Battle, was also sentenced to death, but his sentence was later commuted to life imprisonment. DeBruce died in 2020.
Alabama governor says Burton’s execution cannot proceed
Ivey said in a press release that while she strongly supports the death penalty, she cannot proceed with Burton’s execution due to the “different circumstances” of his case.
“I cannot in good conscience execute Mr. Burton under such disparate circumstances,” Ivey said in a press release. “I believe it is unfair that one participant in the crime was executed while the participant who pulled the trigger was not.”
According to U.S. News, Burton’s legal representatives submitted a clemency petition to Ivey asking for a reduced sentence. They argued Burton should not be sentenced to death because he had no intention of killing Bartle.
Burton’s supporters have organized multiple rallies in recent weeks aimed at drawing public attention and increasing pressure on the governor to approve his clemency request.
Alabama prosecutor slams Burton
alabama Attorney General Steve Marshall expressed deep disappointment in the commutation of the sentence and labeled Burton a murderer in a statement released on Tuesday.
“Burton should not have received special treatment because of his age – he would have been executed long ago, but like so many death row inmates, he chose to drag out his case through endless frivolous appeals,” Marshall said, according to U.S. News. “I firmly believe that he should face the punishment imposed by a jury of his peers and supported by numerous judges.”
Burton and family seek clemency
Burton expressed regret for his role in the robbery and begged Ivey to consider clemency, claiming he had no intention of costing Battle his life.
Battle’s daughter Tori Battle also called on Ivey to prevent Burton from facing execution.
