Man who has never actually killed anyone is set to be executed after more than three decades on death row
A 75-year-old man who has spent over 30 years on Alabama's death row for a killing he did not personally commit is scheduled for execution next week.
Charles 'Sonny' Burton was convicted of capital murder for his role in a 1991 robbery, despite another man being responsible for carrying out the shooting.
The incident at an AutoZone parts store in Talladega involved a group of six armed men telling those inside to get on the floor.
Burton forced the store manager to the back to open up the safe where the money was taken.
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During the robbery, however, customer Doug Battle, a 34-year-old army veteran, entered the store and had a confrontation with one of the gunmen, Derrick DeBruce.
As several of the robbers were leaving the store, DeBruce shot Battle in the back and killed him.
DeBruce was initially sentenced to death until a federal court overturned his sentence because his constitutional rights were violated at trial. The state agreed that he should be resentenced to life without parole.
Meanwhile, Burton is now the only one facing a death row execution, planned to be carried out using nitrogen gas (nitrogen hypoxia) on 12 March 2026.
He was convicted of murder under Alabama’s felony-murder law, which allows participants in certain felonies, like armed robbery, to be charged with murder if someone dies during the crime, even if they did not personally commit the killing.
“Not only did he not kill anyone, but he didn’t order anyone to kill anyone,” Burton’s lawyer, Matt Schulz, said.
“He didn’t hire anyone to kill anyone. He didn’t tell anyone to kill anyone.
“He literally did not even see anyone kill anyone.
“It would be wrong to execute a man who did not even see the shooting take place, after the state agreed to resentence the shooter to life without parole, and this is simply not the kind of case most people think of when they envision the death penalty being carried out.”
Tori Battle, who was nine when her father was killed, is urging the governor to grant clemency to Burton.
“I do not see how this execution will contribute to my healing,” she wrote.
“My father, Doug Battle, was many things. He was strong, but he valued peace.
“He did not believe in revenge. And in that way, I am very much his daughter.
“I hope you will consider extending grace to Mr. Burton and granting him clemency.”
Anish Vij