Alabama Nitrogen Executions

Alabama Gov. Kay Ivey has scheduled a March 12, 2026 execution by nitrogen gas for Charles “Sonny” Burton, a 75‑year‑old man sentenced to death as an accomplice in the 1991 robbery‑murder of AutoZone customer Doug Battle in Talladega, even though Burton did not pull the trigger and was outside the store when Battle was shot. Prosecutors portrayed Burton as the ringleader of the armed robbery, and a Talladega County jury unanimously recommended death in 1992, but the actual gunman, Derrick DeBruce, later had his death sentence reduced to life in prison and died in custody, a disparity even the state once called 'arguably unjust' in a 2015 filing. One of Battle’s children, several jurors and other supporters petitioned Ivey for clemency, arguing it is unfair to execute Burton when the shooter was spared, yet the governor’s letter setting the date says she has no current plans to commute his sentence, while reserving the power to do so up until the execution. Attorney General Steve Marshall’s office opposed clemency and stresses Burton’s conviction and sentence have been upheld at every level of appeal. The case is drawing national attention because it combines Alabama’s controversial new nitrogen‑hypoxia protocol with long‑standing questions about proportionality and accomplice liability in capital punishment.