Alabama Governor Grants Clemency to Death Row Inmate Two Days Before Execution
Alabama Governor Kay Ivey has commuted the death sentence of a 75-year-old man who was scheduled to be executed this week, marking a rare intervention in a capital punishment case. The decision came just two days before the planned execution of Charles "Sonny" Burton, who was convicted for his role in a 1991 robbery that resulted in a murder, even though he was not present when the victim was killed.
The 1991 Murder and Legal Proceedings
The case stems from an armed robbery at an AutoZone auto parts store in Talladega on August 16, 1991. Doug Battle, a 34-year-old Army veteran and father of four, entered the store during the robbery and was shot and killed. Testimony revealed that Burton had stated before the robbery that he would "take care of it" if anyone caused trouble. However, witnesses, including LaJuan McCants who was 16 at the time, testified that Burton had already left the building when Derrick DeBruce shot Battle in the back.
A jury convicted both Burton and DeBruce of capital murder, and both were initially sentenced to death. Prosecutors argued during closing arguments that Burton was "just as guilty as Derrick DeBruce, because he’s there to aid and assist him," pointing to his statement as evidence he was the robbery leader—a claim Burton's attorneys have disputed. DeBruce later had his death sentence overturned on appeal due to ineffective counsel, was resentenced to life imprisonment, and died in prison.
Governor Ivey's Reasons for Granting Clemency
In a statement, Governor Ivey explained her decision, saying she "cannot proceed in good conscience with the execution of Mr. Burton" when the triggerman had his sentence reduced to life imprisonment. "I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not," she stated. Ivey emphasized that Burton will not be eligible for parole and will spend the rest of his life in prison, receiving the same punishment as DeBruce.
This is only the second time the Republican governor, who has presided over 25 executions, has granted clemency to a death row inmate. She acknowledged the tragedy of Battle's murder, stating, "The murder of Doug Battle was a senseless and tragic crime, and this decision does not diminish the profound loss felt by the Battle family. I pray that they may find peace and closure."
A Mix of Praise and Criticism
The governor's decision has sparked mixed reactions. Alabama Attorney General Steve Marshall expressed deep disappointment, arguing that Burton's execution should have proceeded. Marshall cited accomplice liability under Alabama law, stating, "There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands," and noted that every judge involved over three decades upheld the conviction.
Conversely, Alice Marie Johnson, whom former President Donald Trump appointed as his "pardon czar," praised Ivey for showing "courageous and common sense leadership." On social media, Johnson wrote, "By commuting the death sentence of Charles 'Sonny' Burton, she ensured that justice—not technicalities—guides the most serious decision a state can make." This move aligns with actions by other Republican governors, such as Oklahoma's Kevin Stitt, who commuted a sentence last year to match that of a more culpable co-defendant.
What Happens Next
Burton will be moved off Alabama's death row, where he has been imprisoned since 1992, though the timing remains unclear as the Alabama Department of Corrections has not immediately commented. He will serve life in prison without the possibility of parole, ensuring he remains incarcerated for the remainder of his life for his role in the robbery that led to Battle's death.
