Charles Sonny Burton is scheduled for execution in Alabama for his role in a 1991 AutoZone robbery, despite not being the person who shot and killed a store customer. His case has sparked controversy and calls for clemency, with multiple jurors from his trial and the victim's daughter speaking out. The state is set to execute him using nitrogen gas.
MONTGOMERY, Ala. (AP) Charles Sonny Burton maintains that no one was intended to be harmed during the 1991 AutoZone robbery, the event that ultimately led to his placement on death row. He only learned later, he claims, that another member of the robbery group had shot and killed a customer within the store. In a telephone interview conducted last month from Alabama 's Holman Correctional Facility, Burton, now 75 years old, reflected on the events.
He is scheduled to be executed on March 12th by nitrogen gas, a new method introduced by the state in 2024. The execution is for the death of Doug Battle, a 34-year-old Army veteran and father of four. Burton has consistently asserted his lack of direct involvement in the killing, emphasizing that he did not order or commit the act himself. \The central point of contention in this case revolves around the fact that Derrick DeBruce, another participant in the robbery, was the individual who shot and killed Battle. DeBruce was initially sentenced to death but his sentence was later overturned by a federal court due to ineffective legal representation. He was resentenced to life imprisonment and died in prison. This crucial detail has become the focal point for those advocating for Burton's life, including multiple jurors from his 1992 trial. Additionally, Battle's own daughter has written to Governor Ivey, imploring her to grant clemency and questioning the legal rationale for executing Burton given the circumstances. The Associated Press was unable to reach other members of Battle's family. Burton's legal representation, Matt Schulz, an assistant federal defender, has stated that even those who strongly support the death penalty recognize the injustice of the situation. He points out that Burton did not kill anyone, did not order anyone killed, and was not even inside the building when the fatal shot was fired. Gina Maiola, a spokesperson for Governor Ivey, stated that the governor reviews each execution case and, as previously stated, has no plans to grant clemency. Maiola further stated that a jury convicted Burton of capital murder and unanimously recommended the death sentence. This conviction and sentence have undergone at least nine reviews over the past 33 years, with no court finding reason to overturn the jury's decision. \The legal basis for Burton's execution rests on the U.S. Supreme Court's allowance of the execution of non-triggermen under specific circumstances, including participation in a felony that results in a death. Robin M. Maher, executive director of the Death Penalty Information Center, has documented at least 22 cases where the executed individual participated in a felony during which another participant killed a victim. She believes that most people would agree that the death penalty should primarily be reserved for those who directly commit the killing. Court testimony indicated that DeBruce shot Battle after Burton and the other robbers had already left the store. Battle had entered the store as the robbery was concluding and exchanged words with DeBruce. Burton recounted that DeBruce informed him that he had shot someone, a revelation that angered Burton. Prosecutors at the trial portrayed Burton as the ringleader of the robbery and therefore held him culpable for Battle's death, an assertion he vehemently disputes. Expressing deep remorse, Burton said, I'm so sorry. If I had the power to bring him back, I would. I'm so sorry. He expressed hope that the governor would change her mind. I hope and pray to God that you will grant me clemency. Allow me to reach out to the young people in the street, he said. Burton's daughter, Lois Harris, has been actively advocating for her father, holding signs outside the governor's mansion reading, Save My Daddy and Clemency for Sonny. Harris has stated, It's not fair that he gets the death penalty and the killer gets life. It is just so wrong
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