MONTGOMERY, Ala. (AP) — Alabama Gov. Kay Ivey on Tuesday commuted the death sentence of a 75-year-old inmate who was set to be executed this week even though he was not in the building when the victim was killed during a 1991 robbery.
Ivey reduced Charles “Sonny” Burton’s sentence to life in prison without the possibility of parole, marking just the second time the Republican governor has granted clemency to a death row inmate since taking office in 2017.
Burton was sentenced to death for the shooting death of a customer, Doug Battle, during the robbery of an AutoZone auto parts store in Talladega. Though he had left the store before another man, Derrick DeBruce, killed Battle, Burton was convicted as an accomplice, with prosecutors portraying Burton as a leader of the robbery.
Both DeBruce and Burton were convicted of capital murder, but DeBruce’s sentence was overturned on appeal. DeBruce was resentenced to life in prison and died in prison.
Ivey, who has presided over 25 executions, said she firmly believes in the death penalty as “just punishment for society’s most heinous offenders,” but said it also must be administered fairly and proportionately. The Republican governor said she “cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances.”