Mercy Granted, Sentence Commuted for Man Convicted as Accomplice in 1991 Robbery
Governor Kay Ivey has commuted the death sentence of Charles "Sonny" Burton, a 75-year-old inmate who spent 33 years on Alabama's death row, sparing him from execution just two days before his scheduled death. Burton was convicted of capital murder as an accomplice in a 1991 robbery that resulted in the death of store clerk Mr. Battle. Crucially, Burton did not personally fire the fatal shot, and his accomplice, Derrick DeBruce, who did pull the trigger, later had his own death sentence overturned.
Burton, speaking through his lawyer, expressed gratitude for the clemency. "And I thank her," he stated, referring to Governor Ivey's decision. Burton’s legal team had argued that he was not the one who killed Mr. Battle and that he had left the store before the shooting occurred. Prosecutors had portrayed Burton as a leader in the robbery, while Burton himself stated, "No, nobody supposed to get hurt." He also expressed a desire to apologize to the victim's family, adding, "If I had the power to bring him back, I would."
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The governor's ruling aligns with sentiments from some of the jurors who originally sentenced Burton. Burton's case had drawn attention, partly due to the fact that the man who committed the act of killing did not receive the death penalty, while Burton, who was convicted as an accomplice, remained on death row.
Complex Conviction and Appeals
Burton and Derrick DeBruce were both convicted of capital murder for the 1991 incident. Burton's conviction stemmed from his involvement in the robbery, even though he had left the scene before the shooting. The store manager, according to court documents, was ordered to empty the safe by Burton at gunpoint before DeBruce fired the fatal shot.
DeBruce’s conviction was challenged on grounds of ineffective assistance of counsel, leading to the overturning of his death sentence. This distinction became a central point in Burton's clemency efforts, with advocates arguing it was unjust for Burton to face execution when the principal actor's death sentence was reversed.
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Burton, whose arthritis now affects his mobility and ability to write, indicated he would make the most of any remaining years if granted clemency. Family members reportedly visited him in prison over the weekend prior to the governor's announcement. His attorneys highlighted his lifelong lack of "benefit of the doubt" and his stated opposition to revenge.
The case brings to the forefront questions surrounding felony murder rules and the application of the death penalty, particularly when culpability and the severity of sentences differ among co-defendants.