MONTGOMERY, Ala. (AP) — Charles “Sonny” Burton said no one was supposed to get hurt during the 1991 AutoZone robbery that landed him on death row, and he only learned later that another man in the group of robbers had shot and killed a store customer.
“I didn’t know anything about nobody getting hurt until we were on the way back. No, nobody supposed to get hurt,” Burton said in a telephone interview last month from Alabama’s Holman Correctional Facility.
Burton, 75, is scheduled to be put to death on March 12 for the killing of Doug Battle, a 34-year-old Army veteran and father of four. He will be executed by nitrogen gas, a method the state began using in 2024.
No one disputes that Battle was shot and killed by another man, Derrick DeBruce. DeBruce was initially sentenced to death but a federal court vacated the death sentence after finding he had inadequate counsel. He was resentenced to life imprisonment and died in prison.
Burton’s supporters and family members have urged Gov. Kay Ivey to consider clemency for him. Multiple jurors from Burton’s 1992 trial are among those urging his life be spared. Battle’s daughter sent a letter to Ivey urging clemency, asking “how does it legally make sense” to execute Burton. The Associated Press was unable to reach other members of Battle’s family.
“Even people who are strongly in favor of the death penalty recognize that this situation is wrong,” said Matt Schulz, an assistant federal defender who represents Burton. “Even by the state’s evidence here, Mr. Burton did not kill anyone. Mr. Burton did not order anyone killed. He wasn’t even in the building.”
Ivey spokesperson Gina Maiola said Friday that the governor reviews each execution case and, “at this time, as previously noted, Governor Ivey has no plans to grant clemency.”
“A jury convicted Mr. Burton of capital murder and unanimously recommended a sentence of death. Over the past 33 years, his conviction and sentence has been reviewed at least nine times, and no court has found any reason to overturn the jury’s decision,” Maiola wrote in an email.
Alabama Attorney General Steve Marshall’s office has opposed the clemency request.
The U.S. Supreme Court has allowed the execution of non-triggermen under certain circumstances, including participating in a felony where someone was killed.
Robin M. Maher, executive director of the Death Penalty Information Center, said the group has documented at least 22 cases where the person executed participated in a felony during which a victim died at the hands of another participant.
She said she believes most people would agree the death penalty should be used only for people who actually kill someone.
The shooting occurred Aug. 16, 1991, during a robbery at an auto parts store in Talladega.
Court testimony indicated that after Burton and other robbers had left the store, DeBruce shot Battle. Battle had entered the store as the robbery was winding down and exchanged words with DeBruce.
Burton said he never heard the gunshot and didn’t know about it until later.
“DeBruce told me one man got shot, that he shot him in the rump. I said, ‘Man you didn’t tell me you done shot someone.’ I was angry. I was really angry. I was angry,” Burton recalled.
He later learned that the man died.
Prosecutors at trial portrayed Burton as the ringleader of the robbery and culpable for Battle’s death. He disputes that assessment.
Burton said he wants 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,” Burton said.
He said he is grateful that one of Battle’s children has offered him forgiveness.
He also said he is hopeful that the governor will 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,” Burton said.
Burton’s daughter, Lois Harris, last month held signs outside the governor’s mansion reading, “Save My Daddy” and “Clemency for Sonny.”
“It’s not fair that he gets the death penalty and the killer gets life. It is just so wrong,” Harris said.