MONTGOMERY, Ala. (AP) — Charles “Sonny” Burton, a 75-year-old man on death row, is facing execution on March 12 for his alleged involvement in a 1991 AutoZone robbery in Talladega, Alabama, during which a store customer, Doug Battle, was killed. Burton claims that no one was supposed to be harmed during the robbery and that he only learned of the fatal shooting after the incident had occurred. He stated in a recent telephone interview from Holman Correctional Facility that he was unaware of the violence until he was headed back from the crime scene.
The case hinges on the fact that Battle, a 34-year-old Army veteran and father of four, was shot by another robber, Derrick DeBruce. DeBruce was initially sentenced to death, but a federal court later vacated his sentence citing inadequate legal counsel. Consequently, he was resentenced to life imprisonment, where he eventually died.
Burton’s situation has garnered support for clemency from various quarters, including members of his family and multiple jurors from his 1992 trial. Notably, Battle’s daughter has also written to Alabama Governor Kay Ivey, questioning the logic of executing Burton given that he did not pull the trigger. The Associated Press has been unable to reach other family members of Battle for comment.
Matt Schulz, an assistant federal defender representing Burton, emphasized that even staunch supporters of the death penalty recognize the perceived injustice in Burton's situation. He pointed out that according to the state's own evidence, Burton neither killed nor ordered anyone to be killed during the robbery, nor was he present inside the store when the shooting took place.
Despite the mounting calls for clemency, a spokesperson for Governor Ivey reaffirmed that the governor has no plans to grant clemency at this time. In a statement, spokesperson Gina Maiola emphasized that Burton was convicted of capital murder following a jury's unanimous recommendation for a death sentence. She noted that his conviction has undergone scrutiny through nine different judicial reviews over the past 33 years, without any court finding substantial grounds to overturn the jury's ruling.
Opposition to the clemency request has also been voiced by Alabama Attorney General Steve Marshall's office. The U.S. Supreme Court has previously sanctioned the execution of non-triggermen in cases where they participated in a felony resulting in death, contributing to the ongoing legal discourse surrounding the application of the death penalty.
Robin M. Maher, executive director of the Death Penalty Information Center, has documented similar cases where individuals were executed not for committing murder themselves but for being involved in a criminal act resulting in a death. She believes that the general consensus should be that the death penalty is a fitting punishment only for those who directly take a life.
The incident that led to Battle's death occurred on August 16, 1991, during a robbery at an AutoZone store. Testimony revealed that after Burton and his accomplices exited the store, DeBruce shot Battle, who had entered the store during the robbery and exchanged words with DeBruce. Burton maintained that he did not hear any gunfire and was not aware that someone had been shot until later. Expressing regret, he mentioned that after learning of the shooting, he was angry that DeBruce had kept such information from him.
Burton has publicly expressed his desire to apologize to Battle’s family. He explicitly stated, “I’m so sorry. If I had the power to bring him back, I would.” He conveyed gratitude towards one of Battle's children for offering him forgiveness and expressed hope that Governor Ivey would reconsider her stance on his clemency. His daughter, Lois Harris, has been vocal about the perceived unfairness of the situation, holding signs outside the governor’s mansion that read, “Save My Daddy” and “Clemency for Sonny,” insisting that it is unjust for Burton to face death while DeBruce received a life sentence.
