Alabama Gov. Kay Ivey has set a March 12 execution date by nitrogen asphyxiation for Charles "Sonny" Burton, 75, who was convicted as an accomplice in a 1991 robbery-related killing though he did not fire the fatal shot. Several jurors and a victim's child have urged clemency, arguing it is unfair to execute Burton when the triggerman later received a lesser sentence and died in prison. Six of eight surviving jurors say they would not oppose commuting Burton's sentence. Ivey said she currently does not plan to grant clemency but retains the authority to do so before the execution is carried out.
Alabama Sets March 12 Nitrogen Execution For Man Convicted As Accomplice Who Didn't Fire Fatal Shot
Eddie Mae Ellison, Jackie Bradford, Mary Bradford and Lois Harris hold signs urging Alabama Gov. Kay Ivey to grant clemency for their family member Charles(Kim Chandler / AP)
Alabama Gov. Kay Ivey has scheduled an execution for Charles "Sonny" Burton, 75, setting March 12 as the date for a punishment by nitrogen asphyxiation. Burton was convicted as an accomplice in the Aug. 16, 1991, robbery of an AutoZone in Talladega that left customer Doug Battle dead.
Burton was not the triggerman and was not inside the store when Battle was shot. Prosecutors portrayed him as the ringleader of the robbery and sought the death penalty. The man who fired the fatal shot, Derrick DeBruce, originally received a death sentence that was later reduced to life imprisonment; DeBruce died in prison.
Attorney Matt Schulz, who represents Burton, called the scheduled execution "unjust," noting supporters — including a child of the victim and several jurors from the 1992 trial — had urged Gov. Ivey to commute Burton's sentence. "We are very disappointed that Governor Ivey has opted to set an execution date for Mr. Burton," Schulz said. "But we hope and pray that she... still changes her mind and stops this unjust execution of a man who has never taken a life."
In a letter notifying the state prison commissioner, Ivey said she has no current plans to grant clemency but emphasized that she retains the authority to "grant a reprieve or commutation, if necessary, at any time before the execution is carried out." Since taking office in 2017, Ivey has granted clemency once.
Officials and Legal Posture
The Alabama Attorney General's office opposed the clemency request, noting Burton's conviction for capital murder in April 1992 and that the jury unanimously recommended the death penalty. The office said that the conviction and sentence have been upheld at every level of review.
Schulz pointed to a 2015 court filing in which the state itself acknowledged it could be "arguably unjust" to affirm Burton's death sentence if the actual shooter received a lesser penalty.
Jurors Express Regret
According to the clemency petition, six of the eight surviving jurors from the 1992 trial said they would not oppose commuting Burton's sentence; three of those jurors have formally requested clemency. Priscilla Townsend, one juror, told reporters she regretted recommending death. In an essay for AL.com titled "I sentenced a man to die in Alabama. I was wrong," Townsend wrote that the prosecution's depiction of Burton as a "ringleader" shaped how jurors viewed the evidence and ultimately influenced their sentencing recommendation.
"Mr. Burton was not inside the AutoZone at the time of the murder. He was not the shooter, and yet the state sought and secured a death sentence against him anyway... I do now [understand what that meant]," Townsend wrote.
The American Civil Liberties Union notes that 27 states allow the death penalty to be applied to participants in a felony that results in death, even if they did not personally fire the fatal shot.
What’s Next
With the execution date set, Burton's legal team and supporters may continue to seek clemency or other last-minute relief. The governor retains the power to act up until the moment an execution is carried out.
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