Governor Kay Ivey of Alabama has commuted the death sentence of Charles 'Sonny' Burton to life without the possibility of parole, just two days before he was due to be executed by nitrogen gas. Burton, 75, had been on death row since 1992 for his role in a robbery that resulted in the murder of Doug Battle at an AutoZone store in Talladega, despite not being the one who fired the fatal shot.
The actual shooter, Derrick DeBruce, had his sentence reduced to life without parole in 2014 after a successful federal appeal. Of the six individuals involved in the robbery, Burton was the only one facing execution. His case drew together an unlikely coalition—including faith leaders, jurors, the victim's daughter, a former death row sergeant, Republican politicians, conservative advocacy groups, and tens of thousands of ordinary citizens—who argued that executing Burton was unjust.
Burton's attorney, Matt Schulz, said the campaign focused on the principle that even supporters of the death penalty should demand it be applied consistently. 'Even by the state's own version of events, I have a client who did not kill anyone, did not even see the shooting take place,' Schulz stated. He took the unusual step of appearing on a local conservative talk radio show to make his case.
Demetrius Minor, executive director of Conservatives Concerned About the Death Penalty, noted that the effort succeeded by meeting people where they are, appealing to conservatives' general distrust of government. 'If we can't trust the government to properly oversee airline transportation, to deliver our mail on time, to truthfully tell us what's in the Epstein files, why would we trust the government with our life?' he said.
In her commutation letter, Governor Ivey wrote: 'I firmly believe that the death penalty is just punishment for society's most heinous offenders... In order to ensure the continued viability of the death penalty, however, I also believe that a government's most consequential action must be administered fairly and proportionately.' Her office had previously stated she had no plans to grant clemency.
