Alabama Governor Commutes Death Sentence of Man Who Didn’t Kill Anyone

On Tuesday, Alabama’s governor Kay Ivey reduced the death penalty for Charles “Sonny” Burton to life imprisonment without parole. The decision came as the state prepared to execute him on Thursday, with Ivey calling the punishment “unjust.”

Burton was implicated in a 1991 robbery at an AutoZone store in Talladega that led to the death of customer Doug Battle. Though he did not fire the shot, he was still sentenced to death under the felony murder rule, which holds participants in certain crimes accountable for any resulting fatalities, regardless of direct involvement.

“I cannot proceed with the execution of Mr. Burton when another individual, who actually pulled the trigger, remains alive,” Ivey stated. “It would be unfair for one co-conspirator to face the death penalty while the actual shooter is allowed to live.”

The state’s attorney general, Steve Marshall, disagreed, noting that “there has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands.” He argued that Burton’s prolonged appeals, including those spanning nearly two decades, warranted the death sentence, emphasizing that the jury’s verdict should stand.

According to Burton’s account, he entered the store armed but did not intend to kill. He claimed to have stolen cash from a safe and exited to wait by a getaway car, unaware that his accomplice Derrick DeBruce would shoot the victim. The state confirmed this in its response to Burton’s clemency request, acknowledging DeBruce’s role in the fatal act.

During a phone interview from the William C. Holman Correctional Facility—where nitrogen gas executions began in 2024—Burton expressed gratitude for the support he received. “She forgave me, and I want to say how much I appreciated that,” he said, referencing the victim’s daughter, who wrote an op-ed urging clemency.

Burton’s family and legal team praised the governor’s decision, stating it reflected “measured, responsible, and respectable leadership.” Federal defender Matt Schulz, who represented Burton for nearly two decades, added, “Just saying thank you doesn’t seem like much. But it’s what I can give her. And I do thank her. Thank you, Governor,” Burton said in a statement.

This marks the second time Ivey has commuted a death sentence, with Burton becoming the ninth person to be executed by nitrogen gas in the state. His case highlights ongoing debates about the fairness of the felony murder rule and the role of judicial mercy in capital punishment.

Abigail Brooks is a producer for NBC News. Dan Slepian, an award-winning investigative producer, is a veteran of “Dateline: NBC.” Jackie Montalvo serves as a producer-editor for NBC News.