Charles "Sonny" Burton, a 75-year-old man, is scheduled for execution in Alabama despite never having personally committed a murder. Burton's case hinges on the state's 'felony murder' law, which assigns culpability for death during a felony to all participants, even those who did not directly cause the fatal harm. This law is now at the center of appeals for clemency, as Burton's execution looms.
====The basis for Burton's death sentence lies in his involvement in a robbery where the victim, Doug Battle, was killed by another individual, DeBruce. Burton has consistently maintained he was unaware of any shooting and was physically outside the establishment at the time. Appeals argue that the triggerman, DeBruce, ultimately died in prison after his own sentence was overturned, raising questions about the proportionality of Burton's capital punishment.
Burton himself has expressed remorse and a desire to apologize to Battle's family, a sentiment echoed by one of Battle's children who has offered forgiveness. He is reported to have never heard the gunshot during the robbery and only learned of the killing later.
A Shift in Perspective?
Further complicating the narrative, a key witness from Burton's trial, LaJuan McCants, a co-defendant who accepted a plea deal, has since signed an affidavit clarifying his testimony. McCants, who was 16 at the time, stated he felt pressured by prosecutors and later clarified that he had "never seen [Mr. Burton] violent" and that DeBruce "made his own decision to shoot Doug Battle." He recanted any implication that Burton intended violence.
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Jurors Express Doubts
A coalition of supporters, including several jurors who initially sentenced Burton, are urging Governor Ivey to commute his sentence. Jurors have reportedly written to the governor stating that, had they known DeBruce would not face the same sentence and considering DeBruce's sentence reduction, Burton's death sentence no longer felt appropriate. One juror described the trial as "extremely emotionally draining" and indicated their decision weighed on them for years.
Background of the Law
Alabama's felony murder statute, under which Burton was convicted, allows for individuals participating in certain felonies, such as armed robbery, to be charged with murder if a death occurs during the commission of that felony. This law has long been a point of contention, particularly in cases where the defendant did not directly inflict the fatal injury. Burton has spent over three decades on death row, and his legal team argues that the initial conviction should not have been a capital case given the evidence and subsequent clarifications. Burton's current condition includes being in a wheelchair.