MONTGOMERY, AL —Kay Ivey announced Tuesday that she has commuted the death sentence of Charles L. “Sonny” Burton to life in prison without the possibility of parole. Burton was convicted and sentenced to death for his role in the 1991 capital murder of Doug Battle during a robbery at an auto parts store in Talladega.
Under Alabama law, the governor first contacted a representative of the victim’s family and notified Steve Marshall before issuing the commutation.
In a statement, Governor Ivey reaffirmed her support for the death penalty while explaining the reasoning behind her decision.
“I firmly believe that the death penalty is just punishment for society’s most heinous offenders, as shown by the 25 executions I have presided over as governor,” Ivey said. “In order to ensure the continued viability of the death penalty, however, I also believe that a government’s most consequential action must be administered fairly and proportionately.”
According to the governor, the circumstances surrounding the case created a disparity in sentencing between Burton and the individual who carried out the fatal shooting.
“Doug Battle was brutally murdered by Derrick DeBruce while shopping in an auto parts store,” Ivey said. “But DeBruce was ultimately sentenced to life without parole. Charles Burton did not shoot the victim, did not direct the triggerman to shoot the victim and had already left the store by the time the shooting occurred. Yet Mr. Burton was set to be executed while DeBruce was allowed to live out his life in prison.”
Ivey said she could not proceed with the execution under those circumstances.
“I 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.”
The governor emphasized that Burton will remain incarcerated for the rest of his life.
“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.”
Ivey also acknowledged the impact of the crime on the victim’s family.
“The murder of Doug Battle was a senseless and tragic crime, and this decision does not diminish the profound loss felt by the Battle family. I pray that they may find peace and closure.”
The governor additionally thanked the Capital Litigation Division of the Alabama Attorney General’s Office for defending Burton’s conviction and sentence over the years.
Attorney General Steve Marshall issued a statement criticizing the decision.
“I am deeply disappointed to learn that Governor Ivey has commuted the death sentence of Sonny Burton,” Marshall said.
Marshall stated that Burton organized the armed robbery and held a gun to the store manager’s head during the incident. He added that Alabama law allows for accomplice liability and said a jury and multiple courts upheld Burton’s conviction and death sentence over several decades.
“Burton was a career criminal before he became a murderer, and the jury rightfully held him responsible for the death that he caused,” Marshall said.
Marshall also argued that Burton should not receive different treatment because of his age or the length of time his case has been under appeal.
“I firmly believe that he should have faced the punishment imposed by a jury of his peers and upheld by numerous judges,” he said.
Burton will now serve life in prison without the possibility of parole for his role in the robbery that led to the death of Doug Battle.
