Alabama Gov. Kay Ivey Commutes Death Sentence of Accomplice Charles ‘Sonny’ Burton to Life Without Parole in 1991 AutoZone Killing
Alabama Gov. Kay Ivey commuted the death sentence of Charles “Sonny” Burton, 75, to life without parole days before his scheduled execution by nitrogen gas for his role in a 1991 AutoZone robbery in which accomplice Derrick DeBruce — who fired the fatal shot while Burton was outside the store — has had his sentence reduced to life. Ivey said executing Burton would be unjust and disproportionate given the shooter’s commutation, a move urged by jurors and family members; Burton apologized to the victim’s family, called the reprieve an answered prayer, and it is only Ivey’s second commutation after overseeing 25 executions.
📌 Key Facts
- Alabama Gov. Kay Ivey commuted the death sentence of Charles “Sonny” Burton to life without parole; Burton was an accomplice in a 1991 AutoZone robbery in which a customer was killed.
- Burton, 75, was not inside the store when the killing occurred; co-defendant Derrick DeBruce fired the fatal shot that killed customer Doug Battle.
- Burton had been scheduled to be executed by nitrogen gas on Thursday night; Ivey’s commutation came just days (effectively at the last minute) before the planned execution.
- Ivey said she “cannot proceed in good conscience,” grounding the commutation in proportionality and saying it would be unjust to execute Burton while the triggerman, DeBruce, had his death sentence reduced to life in prison.
- The commutation is only the second clemency decision Ivey has granted despite overseeing 25 executions since 2017, underscoring how rare the action is.
- Multiple jurors from Burton’s 1992 trial and the victim’s daughter urged clemency; several jurors signed affidavits or letters to the governor and three said they would not have voted for death had they known the shooter would not be executed.
- Burton, in recent phone statements from Holman Correctional Facility, apologized to the victim’s family, said no one was supposed to be hurt and that he did not know about the shooting until afterward; on the day he was set to die he called his reprieve “like a newborn baby” and credited prayer for softening the governor.
📊 Relevant Data
In Alabama, Black people were arrested for violent crimes at a rate 3.8 times higher than White people in 2022.
Alabama Criminal Justice Data Snapshot — CSG South
Nationally, Black individuals accounted for 52.7% of known murder offenders in 2018, while comprising about 13% of the U.S. population.
Race and Ethnicity of Violent Crime Offenders and Arrestees, 2018 — Bureau of Justice Statistics
Charles 'Sonny' Burton, the accomplice whose death sentence was commuted, is Black.
Advocates Cite Sentencing Disparities as Execution Nears for Charles 'Sonny' Burton — The Davis Vanguard
📊 Analysis & Commentary (1)
"A critical, pro‑clemency opinion piece arguing Alabama’s commutation of Charles “Sonny” Burton’s death sentence exposes the arbitrariness and moral problems of modern capital punishment and defends mercy and proportionality as necessary correctives."
📰 Source Timeline (5)
Follow how coverage of this story developed over time
- Burton describes the clemency as feeling "like a newborn baby" and says, "I have dodged death and I feel okay," in an interview on the day he was scheduled to die.
- He credits his reprieve to prayer, saying he asked God to "soften the governor" and that Gov. Ivey "did, just like I asked her."
- Burton’s attorney, assistant federal defender Matt Schulz, details that multiple jurors signed affidavits or letters to the governor, and three specifically said they would not have voted for death had they known the triggerman would not be executed.
- PBS notes that Burton, 75, was scheduled to be executed by nitrogen gas in the coming days before Ivey’s commutation.
- The segment succinctly reiterates that Burton was convicted in the 1991 robbery in which a customer was shot and killed, but that his accomplice fired the fatal shot and Burton was not inside the building at the time of the killing.
- It underscores that the commutation came just days before the planned execution, highlighting the last‑minute nature of the decision.
- Confirms the execution method Burton faced was nitrogen gas and that it was scheduled for Thursday of the same week.
- Restates that this is only Gov. Ivey’s second commutation despite presiding over 25 executions, underscoring how rare the action is.
- Quotes Ivey’s formal statement that she 'cannot proceed in good conscience' and that executing Burton would be 'unjust' given that the gunman’s own death sentence was reduced to life without parole.
- Confirms Burton’s current age as 75 and that he was not inside the store when the victim was shot; he had already left the building when co‑defendant Derrick DeBruce shot customer Doug Battle in the back.
- Details that Gov. Ivey explicitly grounded the commutation in proportionality, saying it would be unjust for Burton to be executed while the man who pulled the trigger, DeBruce, had his own death sentence reduced to life in prison.
- Specifies that Burton was scheduled to be executed Thursday night by nitrogen gas and that this is only the second time Ivey has granted clemency to a death‑row inmate after overseeing 25 executions since 2017.
- Includes on‑the‑record pleas for clemency from multiple jurors at Burton’s 1992 trial and a letter from Battle’s daughter asking how it could be legal to execute Burton while sparing the actual shooter.
- Provides Burton’s own recent telephone statements from Holman Correctional Facility, saying no one was supposed to be hurt, that he did not know about the shooting until afterward, and apologizing directly to the victim’s family.