Nationwide — Charles “Sonny” Burton, a 75-year-old man from Alabama who was set to be executed this week, had his death sentence commuted to life without parole. He was convicted of a 1991 robbery-linked killing he did not commit.
According to ABC News, Alabama Gov. Kay Ivey granted Burton clemency Tuesday, calling it unjust to execute him while the person who pulled the trigger received a lesser sentence. This is only the second time Ivey has commuted a death row sentence since taking office in 2017.
Burton was sentenced to death for the shooting of Doug Battle during a store robbery. Evidence later showed Burton had left the store before Battle was shot. Derrick DeBruce, who actually fired the shot, had his death sentence reduced to life in prison on appeal.
Supporters, family, and even some jurors from Burton’s trial pushed for clemency. Battle’s daughter also wrote to the governor, questioning how executing Burton made legal sense. Burton sometimes uses a wheelchair and expressed deep remorse for the crime.
Burton told reporters last month that he had no idea anyone would be hurt during the robbery. “I didn’t know anything about nobody getting hurt until we were on the way back,” he said. He added he wants to apologize to Battle’s family, saying, “I’m so sorry. If I had the power to bring him back, I would.”
Burton was scheduled to be executed on Thursday night by nitrogen gas. His legal team celebrated the news of the commutation, calling it a relief after more than three decades on death row.