Nationwide — Charles “Sonny” Burton, a 75-year-old Alabama man convicted as an accomplice in a 1991 robbery killing, now faces execution. He did not fire the fatal shot, but the state has set a March 12 date using nitrogen gas.
According to ABC News, the case dates back more than three decades to an August 16, 1991, robbery at an AutoZone store in Talladega, where customer Doug Battle was shot and killed. Burton was not inside the store and did not pull the trigger, but prosecutors described him as the ringleader of the crime.
The gunman, Derrick DeBruce, was also sentenced to death at trial. Years later, his sentence was reduced to life in prison, where he later died. That outcome has fueled calls for clemency for Burton.
Supporters of Burton included one of Battle’s children and several jurors from the original trial. They argued that executing Burton would be unfair because the actual shooter ultimately received a lesser sentence.
Burton’s attorney, Matt Schulz, criticized the decision to move forward with the execution. “We are very disappointed that Governor Ivey has opted to set an execution date for Mr. Burton. But we hope and pray that she… still changes her mind and stops this unjust execution of a man who has never taken a life,” he said.
Governor Kay Ivey notified the prison commissioner that she has no current plans to grant clemency but retains the authority to grant a reprieve or commutation at any time before the execution. The Alabama Attorney General’s Office opposed clemency, noting that Burton’s conviction and death sentence were upheld at every level since the jury unanimously recommended it in 1992.
Schulz highlighted a 2015 state court filing that admitted it could be “arguably unjust” to execute Burton if DeBruce did not face the same punishment. Since 2017, Ivey has granted clemency only once.