ATMORE, Ala. — Alabama plans to execute 75-year-old Charles “Sonny” Burton by nitrogen gas on March 12 for his role in a 1991 robbery that resulted in the fatal shooting of Doug Battle, even though Burton did not pull the trigger and was not present when the shot was fired.
Burton was sentenced to death under Alabama’s felony murder statute, which allows accomplices in certain crimes to be held responsible for killings committed during the offense. Court records show Burton entered a Talladega AutoZone during the robbery and pointed a gun at an employee before leaving the store. Another participant, Derrick DeBruce, later shot Battle during an altercation. DeBruce’s death sentence was overturned, and he was resentenced to life in prison before dying in custody in 2020.
Burton, who suffers from rheumatoid arthritis and uses a wheelchair, has sought clemency from Gov. Kay Ivey. Several jurors from his trial and Battle’s daughter have urged the governor to commute the sentence to life without parole.
Federal defenders argue there was no evidence Burton intended for anyone to die. The execution is scheduled barring court intervention or executive clemency.
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