Alabama governor commutes death sentence of man whose accomplice fired
fatal shot
[March 11, 2026]
By KIM CHANDLER
MONTGOMERY, Ala. (AP) — Alabama Gov. Kay Ivey on Tuesday commuted the
death sentence of a 75-year-old inmate who was set to be executed this
week even though he was not in the building when the victim was killed
during a 1991 robbery.
Ivey reduced Charles “Sonny” Burton’s sentence to life in prison without
the possibility of parole, marking just the second time the Republican
governor has granted clemency to a death row inmate since taking office
in 2017.
Burton was sentenced to death for the shooting death of a customer, Doug
Battle, during the robbery of an AutoZone auto parts store in Talladega.
Though he had left the store before another man, Derrick DeBruce, killed
Battle, Burton was convicted as an accomplice, with prosecutors
portraying Burton as a leader of the robbery.
Both DeBruce and Burton were convicted of capital murder, but DeBruce’s
sentence was overturned on appeal. DeBruce was resentenced to life in
prison and died in prison.
Ivey, who has presided over 25 executions, said she firmly believes in
the death penalty as "just punishment for society’s most heinous
offenders," but said it also must be administered fairly and
proportionately. The Republican governor said she “cannot proceed in
good conscience with the execution of Mr. Burton under such disparate
circumstances.”
“I believe it would be unjust for one participant in this crime to be
executed while the participant who pulled the trigger was not,” Ivey
said in a statement. “To be clear, Mr. Burton will not be eligible for
parole and will rightfully spend the remainder of his life behind bars
for his role in the robbery that led to the murder of Doug Battle. He
will now receive the same punishment as the triggerman."
Burton was scheduled to be executed Thursday night by nitrogen gas, a
new execution method the state began using in 2024.
Burton’s supporters and family members had urged Ivey to consider
clemency for Burton, who uses a wheelchair. Multiple jurors from
Burton’s 1992 trial were among those urging his life be spared. Battle’s
daughter sent a letter to Ivey urging clemency, asking “how does it
legally make sense” to execute Burton.
“I’m just so happy, so happy. It’s just tears of joy,” Burton’s
daughter, Lois Harris, said through sobs during a telephone interview.
Alice Marie Johnson, whom President Donald Trump had tapped last year as
his “pardon czar” after commuting her sentence for federal drug and
money laundering charges, praised Ivey. She said the governor “showed
what courageous and common sense leadership looks like.”
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People gather outside the Alabama Governor's Mansion in Montgomery,
Ala., on Feb. 16, 2026, to urge Gov. Kay Ivey to grant clemency to
Sonny Burton, who is scheduled to be executed on March 12, 2026. (AP
Photo/Kim Chandler)
“By commuting the death sentence of Charles “Sonny” Burton, she
ensured that justice — not technicalities — guides the most serious
decision a state can make,” Johnson wrote on social media.
But Attorney General Steve Marshall slammed the move, saying, “There
has never been any doubt that Sonny Burton has Douglas Battle’s
blood on his hands.”
Burton organized the armed robbery and “held a gun to the store
manager’s head” before dividing up the proceeds, Marshall said in a
statement.
Burton received the news at Holman Correctional Facility in Atmore
as the state was making preparations for his execution on Thursday.
Burton had made his request for a final meal and was working on a
will to give away his belongings after he was put to death.
Matt Schulz, an assistant federal defender who represented Burton,
said he was able to deliver the news in person.
“This was absolutely the right decision for the governor to make for
any number of reasons," Schulz said. "The biggest one is the fact
that this dichotomy of executing a non-shooter who did not even see
the shooting take place after the state itself had resentenced the
shooter to life without parole.”
In a statement issued through his attorneys, Burton thanked the
governor: “Just saying thank you doesn’t seem like much. But it’s
what I can give her."
Burton told The Associated Press last month that no one was supposed
to be injured in the robbery and that he didn't know until later
that DeBruce had shot anyone.
“I didn’t know anything about nobody getting hurt until we were on
the way back. No, nobody supposed to get hurt,” Burton said in a
telephone interview from Alabama’s Holman Correctional Facility
Burton said he wants to apologize to Battle’s family. “I’m so sorry.
If I had the power to bring him back, I would," Burton said.
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