Governor Ivey Commutes Charles Burton's Death Sentence to Life Without Parole

Alabama Governor Kay Ivey has commuted the death sentence of Charles "Sonny" Burton, 75, to life in prison without the possibility of parole. Burton was convicted of capital felony murder for his role in the 1991 robbery and killing of Douglas Battle and had been scheduled for execution this week. The commutation, only the second granted by Governor Ivey since 2017, cited "disparate circumstances" related to the sentence of the individual who fired the fatal shot.

Executive Action

On Tuesday, Governor Ivey commuted Burton's death sentence, reducing it to life in prison without parole. Burton was scheduled for execution by nitrogen gas later this week. This decision marks the second time Governor Ivey has granted clemency to a death row inmate since assuming office in 2017.

Background of the Case

Charles Burton was convicted of capital felony murder in 1992 for the 1991 death of Douglas Battle. The incident occurred during an armed robbery of an AutoZone store in Talladega. According to testimony, Derrick DeBruce, another participant in the robbery, shot and killed Battle. Burton was not present in the store at the moment of the shooting, having reportedly exited the building.

Prosecutors at Burton's trial presented him as the "ringleader" of the robbery. Burton has acknowledged his participation in the crime but maintains he did not commit the fatal shooting. Derrick DeBruce, who fired the fatal shot, also received a death sentence. However, his sentence was later reduced to life in prison without parole in 2014, following an appeal that cited ineffective trial lawyers. DeBruce died in prison in 2020.

Basis for Commutation

Governor Ivey stated her belief in the death penalty but emphasized the importance of its fair and proportionate administration. She cited "disparate circumstances" in Burton's case.

It would be "unjust" to execute Burton when the individual who fired the fatal shot, DeBruce, was not.

As a result of the commutation, Burton will now receive the same punishment as DeBruce: life in prison without the possibility of parole. Previously, a spokesperson for Governor Ivey's office had stated the governor "carefully considers all the findings, facts and circumstances" in such cases.

Calls for Clemency and Opposition

Supporters of Commutation

• Douglas Battle's daughter, Tori, supported commuting Burton's sentence to life without parole.

  She stated that the execution would not contribute to her healing and expressed concern that Burton might not have received a death sentence with different legal representation.

• Six of the eight living jurors from Burton's trial were not opposed to a sentence of life without parole, and three specifically requested commutation. Some jurors cited the disparity in sentencing between Burton and DeBruce as a reason for their stance. Juror Priscilla Townsend noted her belief that the original jury recommendation was incorrect, particularly given Burton's absence during the shooting and the prosecution's portrayal of him.
• Burton's children requested mercy, citing his health and the personal changes he had reportedly made during his incarceration.
• Justice reform advocate Alice Marie Johnson and Burton's daughter Lois Harris also expressed support for the commutation.

Opposition to Commutation

• The office of Alabama Attorney General Steve Marshall had previously upheld Burton’s conviction and sentence, opposing appeals from his legal team. The office stated that the resentencing of a co-defendant does not automatically entitle another defendant to the same outcome.
• Following the commutation, Attorney General Marshall criticized the decision, asserting that Burton was responsible for Battle’s death, having organized the armed robbery, held a gun to the store manager's head, and divided the proceeds.

Legal Arguments and Context

Burton's lawyer, Matt Schulz, had appealed to the US Supreme Court, contending that the trial court compelled Burton's attorneys to call co-defendants as witnesses against their strategic judgment. Schulz also argued that, for a capital offense conviction, the defendant must have intended to kill, and he believed the state did not prove Burton was an accomplice in the intentional killing of Battle.

Under Alabama law, felony murder charges can be applied when a death occurs during another major crime, such as robbery, irrespective of direct intent to kill. The Death Penalty Information Center (DPIC) notes that at least 22 individuals convicted under felony murder statutes have been executed in the United States despite not having direct involvement in a death.

During Burton's trial, a co-defendant, LuJuan McCants, testified that Burton stated he would "handle anything that went wrong." McCants later signed a declaration indicating he did not believe Burton intended for harm and that his testimony was influenced by prosecutors.

The American Civil Liberties Union notes that 27 states permit executions for individuals involved in a felony that results in death, even if they did not directly cause the fatality. Since 1976, Alabama has conducted 83 executions.

Defendant's Status and Statements

Charles Burton experiences rheumatoid arthritis, which limits his mobility to a wheelchair, and recently suffered a stroke. His clemency petition noted a diagnosis of "delusional disorder," which the Department of Corrections has classified as a "serious mental illness."

Burton has expressed regret for his role in the robbery and has apologized to Battle's family. He stated to The Associated Press in February that the robbery was not intended to result in injury, and he was unaware of Battle's shooting until after the robbery. Through his attorneys, Burton thanked the governor for the commutation. He had also stated an interest in starting a program to deter young people from crime if granted clemency.