MONTGOMERY, Ala. — Alabama is moving forward with plans to execute a 75-year-old man convicted as an accomplice in a deadly robbery, a decision that has drawn significant public outcry, including concerns about fairness given that he did not fire the fatal shot. Governor Kay Ivey announced that Charles “Sonny” Burton’s execution is scheduled for March 12, 2024, employing nitrogen gas as the method of execution.
Burton was sentenced to death for his role in the tragic shooting death of Doug Battle during a robbery at an auto parts store in Talladega in 1991. Prosecutors characterized Burton as the mastermind behind the crime, despite his absence from the scene of the shooting. Derrick DeBruce, the individual who actually fired the gun, was originally sentenced to death but later had his sentence commuted to life imprisonment and subsequently died in prison.
Critics have been vocal, including some jurors from Burton’s trial and a child of the victim, all imploring the governor to reconsider his death sentence. They argue that executing Burton would be fundamentally unjust, especially since the man who fired the weapon is no longer facing the death penalty. “We are very disappointed that Governor Ivey has opted to set an execution date for Mr. Burton,” said Matt Schulz, Burton’s attorney. He expressed hope that the governor might change her mind before the execution takes place.
Governor Ivey indicated in her notification to the prison commissioner that she has no immediate plans to grant clemency, while still reserving the right to issue a reprieve before the execution date. Alabama Attorney General Steve Marshall’s office has opposed any clemency for Burton, maintaining that the conviction and death penalty were rightfully upheld through the appeals process.
Burton’s conviction dates back to April 1992, with jurors unanimously recommending capital punishment at that time. However, six of the eight surviving jurors have since expressed their support for clemency. Three jurors have gone so far as to state that they would have never endorsed a death sentence had they known the shooter would receive a lesser penalty.
One juror, Priscilla Townsend, articulated her disappointment in a recent interview, saying, “It’s absolutely not fair. You don’t execute someone who did not pull the trigger.” In a reflective essay, Townsend acknowledged the emotional turmoil surrounding the trial, stating she believed in the death penalty for the most serious offenders but now considers that Burton does not fit that classification.
Townsend’s reassessment of her views highlights the broader implications of capital punishment laws in the U.S., where 27 states permit executions for participants in felonies leading to death, regardless of direct involvement. Critics of such laws, including the American Civil Liberties Union, argue that they often lead to disproportionate punishment and raise ethical concerns.
As Burton’s execution date approaches, the debate over justice and fairness in capital punishment continues to intensify, prompting renewed discussions on the implications of sentencing individuals as accomplices in crimes. Advocates for Burton are hoping their voices will lead to a reconsideration of his fate before it is too late.