Charles “Sonny” Burton is scheduled for execution on March 12, 2024, in Alabama for his involvement in a 1991 robbery during which a man was fatally shot. At 75 years old, Burton maintains that no one was supposed to be harmed during the AutoZone robbery in Talladega, and that he only found out later that another participant in the crime had shot and killed a store customer.
In a recent telephone interview from Alabama's Holman Correctional Facility, Burton expressed regret and surprise over the fatal shooting. “I didn’t know anything about nobody getting hurt until we were on the way back. No, nobody supposed to get hurt,” he said. The victim, Doug Battle, was a 34-year-old Army veteran and father of four. Burton will be executed by nitrogen gas, a method Alabama began using in 2024.
While Burton is slated for execution, it is undisputed that the actual shooting was carried out by another man, Derrick DeBruce. DeBruce was also initially sentenced to death for the killing. However, his death sentence was overturned by a federal court due to inadequate legal counsel during his trial. He was subsequently resentenced to life imprisonment and died in prison.
The case has drawn significant attention and calls for clemency on Burton’s behalf. Supporters, including multiple jurors from Burton’s 1992 trial, as well as family members, have urged Alabama Governor Kay Ivey to spare his life. Notably, one of Battle’s daughters sent a letter to the governor questioning the rationale behind executing Burton, given that he did not pull the trigger. The Associated Press was unable to reach other members of Battle’s family for comment.
Matt Schulz, an assistant federal defender representing Burton, highlighted the unusual nature of the case. “Even people who are strongly in favor of the death penalty recognize that this situation is wrong,” he said. Schulz emphasized that, based on the state’s own evidence, Burton did not kill Battle, did not order the killing, and was not even inside the store when the shooting occurred.
Despite these appeals, Governor Ivey’s office has stated that she has no plans to grant clemency. Gina Maiola, a spokesperson for the governor, noted that Burton’s conviction and death sentence have been reviewed at least nine times over the past 33 years with no court finding grounds to overturn the jury’s decision. “A jury convicted Mr. Burton of capital murder and unanimously recommended a sentence of death,” Maiola wrote in an email.
The Alabama Attorney General’s office has also opposed clemency for Burton, supporting the death sentence as appropriate under the law.
Legally, the U.S. Supreme Court has upheld the execution of individuals who did not personally commit the killing but participated in a felony during which a death occurred. This principle applies in Burton’s case, as he was involved in the robbery during which Battle was shot.
Robin M. Maher, executive director of the Death Penalty Information Center, pointed out that Burton’s case is not unique. Her organization has documented at least 22 instances where an individual was executed despite another participant in the same felony being the actual killer. Maher expressed the common viewpoint that the death penalty should be reserved for those who directly commit murder.
The shooting itself took place on August 16, 1991, at an AutoZone store in Talladega. Court testimony revealed that after Burton and other robbers left the store, Derrick DeBruce shot Battle. Battle had entered the store as the robbery was concluding and exchanged words with DeBruce, which apparently led to the shooting. Burton said he never heard the gunshot and only learned about the shooting later, recalling DeBruce telling him that he shot someone “in the rump.” Burton was angry and upset upon hearing this and later discovered that the victim had died.
At trial, prosecutors portrayed Burton as the mastermind behind the robbery and held him responsible for Battle’s death. Burton disputes this portrayal, insisting he was not the leader and did not intend for anyone to be harmed.
Burton has expressed remorse and a desire to apologize to Battle’s family. “I’m so sorry. If I had the power to bring him back, I would. I’m so sorry,” he said. He also acknowledged the forgiveness offered by one of Battle’s children, which has given him some solace.
Looking ahead, Burton hopes Governor Ivey will reconsider and grant clemency. “I hope