Talladega, Alabama – Charles “Sonny” Burton, 75, could face execution in a strikingly rare scenario where an individual is sentenced to death without having directly caused a fatality. Burton has been convicted as an accomplice in a 1991 robbery at an auto parts store, during which customer Doug Battle was shot and killed. While it is undisputed that another man, Derrick DeBruce, fired the fatal shots, Burton’s role has led to calls for clemency from several jurors involved in his original sentencing.
Burton, who was outside the AutoZone during the shooting, has maintained that he neither fired a weapon nor intended to endanger anyone’s life. DeBruce and Burton received the death penalty initially, but DeBruce was later resentenced to life in prison, leaving Burton as the only participant in the crime still at risk of execution. His attorney, Matt Schulz, described the situation as an “extreme outlier” in the realm of capital punishment.
The Alabama Supreme Court authorized Governor Kay Ivey in January to set an execution date for Burton, who may be subject to lethal gas if the execution proceeds. Now, multiple jurors from the 1992 trial, including Battle’s daughter, are urging the governor to reconsider the death sentence. They argue that Burton’s case brings up crucial concerns regarding fairness in the judicial system.
In a heartfelt letter, Tori Battle, who was just 9 years old when her father died, implored Ivey to show mercy. “My father valued peace and did not believe in revenge,” she wrote, reflecting her desire for compassion rather than retribution in a legal system riddled with complexities.
The robbery unfolded on August 16, 1991, when Burton allegedly warned that he would deal with any trouble before entering the store. According to testimony, after DeBruce demanded everyone get down, Burton forced the store manager to open the safe while he was armed. During the robbery, Battle entered the store, offering his wallet and attempting to comply with DeBruce’s orders when he was shot from behind.
As they fled the scene, Burton questioned DeBruce about the shooting, raising eyebrows regarding his intentions. Prosecutors argued that Burton’s presence and actions during the robbery made him equally culpable, maintaining that he supported the crime despite not pulling the trigger. Conversely, Burton’s defense team insisted that no evidence indicated he meant to cause harm.
Six of the eight surviving jurors from the trial have expressed support for commutation, with three formally requesting clemency. One juror, Priscilla Townsend, noted that had she known DeBruce would receive a lesser sentence, she wouldn’t have endorsed a death sentence for Burton. She emphasized the emotional turmoil surrounding the trial and expressed her ongoing reflection on the case.
Burton’s family has also rallied behind him. His sister, Eddie Mae Ellison, shared that her brother has faced hardships since their childhood, including familial abuse, yet remained a protector in the family. She criticized the narrative painted by prosecutors, asserting that Burton should not be condemned for a crime he did not commit.
Despite the clemency request, Alabama Attorney General Steve Marshall’s office has opposed the initiative, reiterating that Burton’s conviction has been upheld throughout the legal process. This case highlights a significant issue: the practice allowing for the execution of individuals who did not directly perpetrate a homicide, which the American Civil Liberties Union notes is permitted in 27 states.
As the deadline approaches for a potential execution date, Burton’s situation shines a light on the contentious debates surrounding capital punishment in the U.S., where appeals for justice often bring forth questions of morality and legal boundaries. With the specter of execution looming, the heart-wrenching complexities of justice in America remain ever-present.