Alabama prepares to execute a frail 75-year-old accomplice who never pulled the trigger in a 1991 murder, defying pleas for mercy from the victim’s own daughter and trial jurors.
Story Snapshot
- Charles “Sonny” Burton, 75 and wheelchair-bound, faces nitrogen hypoxia execution for acting as lookout in 1991 robbery-murder.
- Victim’s daughter Tori Battle urges Gov. Kay Ivey to grant clemency, prioritizing her father’s values of grace over revenge.
- Six of eight living 1992 jurors, including three actively advocating, regret death sentence after learning shooter got life without parole.
- Alabama Supreme Court cleared execution in January 2026; Gov. Ivey holds sole clemency power amid rare grants in state history.
Crime and Conviction Details
Six men, including then-60-year-old Charles “Sonny” Burton, robbed an Alabama auto parts store in 1991. Derrick DeBruce shot customer Doug Battle dead inside the store. Burton stood outside as lookout, with no evidence he entered or intended lethal force. An April 1992 jury convicted Burton of capital murder under felony murder rules, unanimously recommending death. Appeals upheld the sentence through all levels.
Charles “Sonny” Burton didn’t kill anyone. The state of Alabama could execute him anyway. https://t.co/a6QKXJohXf
— WTVA 9 News (@wtva9news) February 3, 2026
Clemency Appeals from Victim’s Family and Jurors
Tori Battle, 9 years old at the time of her father Doug’s murder, wrote to Gov. Kay Ivey requesting clemency for Burton. She emphasized her father’s belief in peace and grace, stating revenge does not align with his values.
Six of eight surviving jurors from 1992 expressed regret. Three actively seek commutation, arguing they lacked knowledge of DeBruce’s later life sentence without parole. Juror Priscilla Townsend called it “absolutely not fair.”
Governor’s Authority and State Precedents
Gov. Kay Ivey, a Republican, possesses sole clemency authority in Alabama, bypassing any board. The state shifted to nitrogen hypoxia executions in 2024. Ivey granted rare clemency to Robin Myers, commuting death to life—the first since 1999—despite Attorney General opposition.
Alabama law permits accomplice executions under 1987 Supreme Court Tison v. Arizona standards for major participation and reckless indifference to life. AG Steve Marshall opposes, citing exhausted appeals and unanimous jury verdict.
Arguments on Fairness and Liability Standards
Burton’s attorneys argue no particularized intent to kill existed, as he remained outside unaware of the shooting. They claim the case “slipped through cracks” given the shooter’s lighter sentence.
Expert Richard S. Jaffe notes Alabama requires such intent for accomplices. Sister Eddie Mae Ellison defends Burton’s character as family protector despite flaws. The petition highlights his abusive childhood and current frailty at 75, wheelchair-bound on death row.
Sources:
CBS News: Alabama man faces execution despite not pulling trigger
ABC News: Alabama man faces execution despite not pulling trigger
Death Penalty Information Center: Clemency by State
WBHM: How Alabama’s first commuted death sentence this century came about
Death Penalty Information Center: Victim’s daughter and former juror oppose execution
