Gov. Ivey commuted Burton's death sentence to life without parole due to concerns about the disparate treatment between Burton and the triggerman in the crime.
Burton was convicted of capital murder in 1991 for the death of Doug Battle during a robbery, even though he did not fire the shot.
The decision comes amid national scrutiny of Alabama's use of nitrogen gas for executions.
Public pressure, including a petition with 67,000 signatures and the victim's daughter's opposition, influenced the commutation.
Alabama Attorney General Steven Marshall expressed disappointment, arguing Burton deserved the original sentence.
Charles "Sonny" Burton, now 75, was convicted under the felony murder doctrine for his involvement in the 1991 robbery that led to the death of Doug Battle. Although Burton admits to being armed and stealing cash during the robbery, Derrick DeBruce was the one who fatally shot Battle. DeBruce's sentence was later commuted to life without parole.
Gov. Ivey stated that executing Burton while DeBruce, the triggerman, was serving life in prison would be unjust. She emphasized her support for the death penalty but insisted it must be applied consistently. This decision marks only the second time Ivey has commuted a death sentence during her tenure as governor. The previous commutation occurred in Feb. 2025 for Robin D. "Rocky" Myers, citing conflicting evidence.
The commutation reflects growing concerns about the fairness of the death penalty, particularly in cases where the defendant did not directly commit the murder. The use of nitrogen gas for executions has also drawn criticism.
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Q: Why did Gov. Ivey commute Charles Burton's death sentence?
She cited concerns about the fairness of executing Burton while the triggerman in the crime received a lesser sentence.
Q: What was Charles Burton convicted of?
Burton was convicted of capital murder for his role in a 1991 robbery that resulted in the death of Doug Battle, even though he didn't fire the fatal shot.
Q: What is the felony murder doctrine?
It allows prosecutors to hold anyone involved in certain felonies responsible for a killing that occurs during the crime, even if they didn't commit the act themselves.
Gov. Ivey's decision highlights the complexities and concerns surrounding the application of the death penalty.
The case underscores the significance of ensuring fairness and proportionality in the criminal justice system.
Burton will now spend the rest of his life in prison without the possibility of parole, the same sentence as the triggerman in the murder.
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