Alabama Man Faces Execution for 1991 Murder Despite Not Being the Shooter
An Alabama man sentenced to death for a fatal shooting during a 1991 robbery will be executed on March 12, even though he did not pull the trigger. Governor Kay Ivey set the execution date using nitrogen gas for Charles "Sonny" Burton, 75, on Thursday.
Details of the 1991 Robbery and Conviction
Burton was convicted as an accomplice in the shooting death of Doug Battle, a customer who was killed during an August 16 robbery of an AutoZone auto parts store in Talladega. Prosecutors depicted Burton as the ringleader of the robbery, leading to his capital murder conviction in April 1992 and a unanimous jury recommendation for the death penalty.
However, Burton was not in the AutoZone store at the time of the fatal shooting and did not shoot Battle. Derrick DeBruce, the man who fired the gun, was originally sentenced to death but later had his sentence reduced to life imprisonment. DeBruce died in prison.
Clemency Appeals and Opposition
A cross-section of people, including one of the victim's children and some jurors, urged Governor Ivey to consider clemency for Burton. They argued it would be unfair to execute Burton when the triggerman received a lesser sentence. In a letter notifying the prison commissioner of the execution date, Ivey wrote that she has no current plans to grant clemency but maintains the authority to "grant a reprieve or commutation, if necessary, at any time before the execution is carried out."
Burton's attorney, Matt Schulz, expressed disappointment, stating, "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."
Alabama Attorney General Steve Marshall's office opposed the clemency request, noting that Burton's conviction and sentence have been upheld at every level. A spokesperson said, "Burton was convicted of capital murder in April 1992 and the jury unanimously recommended the death penalty. That conviction and sentence have been upheld at every level."
Legal and Ethical Controversies
Schulz highlighted that in seeking to uphold a death sentence for DeBruce, the state argued in a 2015 court filing that it would be "arguably unjust" to affirm a death sentence for Burton but not the person who killed Battle. Ivey has granted clemency only once since taking office in 2017, adding to the scrutiny of this case.
The execution, scheduled for March 12, continues to spark debate over accomplice liability and the fairness of the death penalty in cases where the defendant did not directly cause the death.
