Alabama Governor Sets March Execution Date for 1991 Robbery Accomplice
Alabama Governor Kay Ivey has formally scheduled a March execution for a man convicted in connection with a fatal shooting during a 1991 robbery, even though he did not fire the weapon that killed the victim. The decision has sparked controversy and renewed debates over justice and sentencing equity in capital cases.
Details of the Case and Scheduled Execution
Governor Ivey announced on Thursday that Charles "Sonny" Burton, 75, will be executed on March 12 using nitrogen gas. Burton was convicted as an accomplice in the shooting death of Doug Battle, a customer who was killed during an August 16, 1991, robbery at an AutoZone auto parts store in Talladega. Notably, Burton was not present inside the store at the time of the fatal shooting and did not pull the trigger.
Prosecutors successfully argued that Burton was the ringleader of the robbery plot, leading to his capital murder conviction in April 1992 and a unanimous jury recommendation for the death penalty. Derrick DeBruce, the individual who actually fired the gun, was also initially sentenced to death. However, DeBruce later had his sentence reduced to life imprisonment and subsequently died in prison.
Clemency Appeals and Legal Arguments
A diverse group, including one of the victim's children and several jurors from the original trial, has urged Governor Ivey to grant clemency to Burton. They contend that executing Burton would be fundamentally unfair, given that the triggerman ultimately received a lesser sentence. In a statement, Burton's attorney, Matt Schulz, expressed disappointment but held out hope for a last-minute reprieve.
"We are very disappointed that Governor Ivey has opted to set an execution date for Mr. Burton. But we hope and pray that she, like Oklahoma Governor Stitt did in November, still changes her mind and stops this unjust execution of a man who has never taken a life," Schulz said. He also referenced a 2015 court filing where the state argued it would be "arguably unjust" to uphold a death sentence for Burton but not for DeBruce.
Governor's Position and Official Responses
In her letter to the prison commissioner, Governor Ivey indicated she currently has no plans to grant clemency but retains the authority to issue a reprieve or commutation at any time before the execution. Since taking office in 2017, Ivey has granted clemency only once.
The Alabama Attorney General's office, led by Steve Marshall, opposed the clemency request. A spokesperson reiterated that Burton's conviction and death sentence have been upheld at every judicial level, emphasizing the jury's unanimous decision. The office did not immediately respond to further requests for comment on the execution scheduling.
This case highlights ongoing tensions in the criminal justice system, particularly regarding accomplice liability in capital murder cases and the application of the death penalty. As the March date approaches, advocates on both sides continue to voice their positions, underscoring the complex moral and legal questions surrounding state-sanctioned executions.
