Alabama Republican governor commutes death sentence of inmate not present at 1991 killing

Alabama Republican Governor Kay Ivey commuted the death sentence on Tuesday of a man who was set to be executed this week for a murder charge, but he was not in the building when the victim was killed.

Ivey reduced Charles “Sonny” Burton’s sentence to life in prison without possibility of parole. He was scheduled to be executed by nitrogen gas on Thursday.

This is the second time Ivey has granted clemency of a death row inmate since taking office in 2017. Ivey has presided over 25 executions. She said she believes in the death penalty as “just punishment for society’s most heinous offenders,” but said it also must be administered fairly and proportionately.

Burton was convicted of capital murder for the 1991 shooting death of a customer, Doug Battle, during a store robbery. Another man, Derrick DeBruce, shot Battle after Burton had left the building. DeBruce’s death sentence was later reduced on appeal to life in prison.

Burton’s supporters and family members urged Ivey to consider clemency for him. Multiple jurors from his 1992 trial were among those in support of commuting his sentence. Battle’s daughter also sent a letter to Ivey in support of clemency, asking “how does it legally make sense” to execute Burton. 

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