Alabama Gov. Kay Ivey Commutes Death Sentence of Charles ‘Sonny’ Burton, Accomplice in 1991 AutoZone Robbery Killing
Alabama Gov. Kay Ivey commuted the death sentence of Charles “Sonny” Burton, 75, who was convicted as an accomplice in a 1991 AutoZone robbery in which co‑defendant Derrick DeBruce fired the fatal shot; Burton, who was not inside the store when the killing occurred, had been scheduled for execution Thursday by nitrogen gas. Ivey said she “cannot proceed in good conscience,” citing proportionality because DeBruce’s death sentence was reduced to life without parole — a rare clemency move (only her second after overseeing 25 executions) that followed jurors’ pleas, a letter from the victim’s daughter, and Burton’s recent prison statements apologizing and saying he did not know about the shooting.
📌 Key Facts
- Alabama Gov. Kay Ivey commuted the death sentence of Charles “Sonny” Burton, an accomplice in a 1991 AutoZone robbery in which a customer was killed.
- Burton, 75, was not inside the store when the victim, customer Doug Battle, was shot; his co‑defendant Derrick DeBruce fired the fatal shot.
- DeBruce’s death sentence had been reduced to life without parole, and Ivey said it would be unjust and disproportionate to execute Burton while the shooter was spared.
- Ivey issued a formal statement saying she "cannot proceed in good conscience," citing proportionality in commuting Burton’s sentence.
- Burton’s execution had been scheduled to be carried out by nitrogen gas on Thursday (in the coming days), and the commutation came just days before the planned execution.
- The clemency is only the second commutation Ivey has granted despite presiding over 25 executions since 2017, underscoring how rare the action is.
- Multiple jurors from Burton’s 1992 trial and the victim’s daughter had publicly pleaded for clemency, including a letter questioning how Burton could be executed while the actual shooter was spared.
- Burton, speaking by telephone from Holman Correctional Facility, said no one was supposed to be hurt, that he did not know about the shooting until afterward, and he apologized directly to the victim’s family.
📊 Relevant Data
In Alabama, individuals convicted of killing a White person are more than four times more likely to receive a death sentence than those convicted of killing a Black person.
Alabama’s death penalty system remains unusually cruel — Alabama Arise
In Alabama, Black individuals are 13 times more likely to be charged with felony murder than White individuals, based on data from 2009-2017.
Alabama - State Data — The Felony Murder Reporting Project
Alabama's population is approximately 26% Black, yet Black people comprise about 50% of the state's death row inmates.
Diverse Juries More Reliable, Less Likely in Alabama Death Penalty — Equal Justice Initiative
📊 Analysis & Commentary (1)
"A critical, pro‑clemency opinion piece arguing Alabama’s commutation of Charles “Sonny” Burton’s death sentence exposes the arbitrariness and moral problems of modern capital punishment and defends mercy and proportionality as necessary correctives."
📰 Source Timeline (4)
Follow how coverage of this story developed over time
- PBS notes that Burton, 75, was scheduled to be executed by nitrogen gas in the coming days before Ivey’s commutation.
- The segment succinctly reiterates that Burton was convicted in the 1991 robbery in which a customer was shot and killed, but that his accomplice fired the fatal shot and Burton was not inside the building at the time of the killing.
- It underscores that the commutation came just days before the planned execution, highlighting the last‑minute nature of the decision.
- Confirms the execution method Burton faced was nitrogen gas and that it was scheduled for Thursday of the same week.
- Restates that this is only Gov. Ivey’s second commutation despite presiding over 25 executions, underscoring how rare the action is.
- Quotes Ivey’s formal statement that she 'cannot proceed in good conscience' and that executing Burton would be 'unjust' given that the gunman’s own death sentence was reduced to life without parole.
- Confirms Burton’s current age as 75 and that he was not inside the store when the victim was shot; he had already left the building when co‑defendant Derrick DeBruce shot customer Doug Battle in the back.
- Details that Gov. Ivey explicitly grounded the commutation in proportionality, saying it would be unjust for Burton to be executed while the man who pulled the trigger, DeBruce, had his own death sentence reduced to life in prison.
- Specifies that Burton was scheduled to be executed Thursday night by nitrogen gas and that this is only the second time Ivey has granted clemency to a death‑row inmate after overseeing 25 executions since 2017.
- Includes on‑the‑record pleas for clemency from multiple jurors at Burton’s 1992 trial and a letter from Battle’s daughter asking how it could be legal to execute Burton while sparing the actual shooter.
- Provides Burton’s own recent telephone statements from Holman Correctional Facility, saying no one was supposed to be hurt, that he did not know about the shooting until afterward, and apologizing directly to the victim’s family.