Alabama Governor Commutes Death Sentence for Man Who Didn't Kill

Charles 'Sonny' Burton's sentence changed to life without parole due to unequal sentencing with actual gunman

Published on Mar. 10, 2026

Got story updates? Submit your updates here. ›

Alabama Governor Kay Ivey has commuted the death sentence of Charles Lee "Sonny" Burton, who was convicted for his role in a 1991 killing in Talladega, Alabama. Ivey cited the unequal sentencing between Burton, who did not fire the fatal shot, and the actual gunman, Derrick DeBruce, who received a life sentence. Burton, now 75 years old, will serve the same life without parole sentence as DeBruce.

Why it matters

The commutation highlights concerns over the fairness of the death penalty, especially in cases where defendants received harsher sentences than their co-defendants who committed the actual killing. It also raises questions about the role of age and the length of appeals processes in death penalty cases.

The details

In 1991, Burton was convicted for his role in the killing of AutoZone customer Doug Battle in Talladega, Alabama. While Burton did not fire the fatal shot, he was sentenced to death, while the actual gunman, Derrick DeBruce, received a life sentence after a successful appeal. After weeks of pressure from former jurors, faith leaders, and Battle's daughter, Governor Ivey decided she could not "proceed in good conscience" with Burton's execution, given the disparity in sentencing.

  • Burton was convicted in 1991 for his role in the killing of Doug Battle.
  • Burton was scheduled to be executed via nitrogen hypoxia on March 12, 2026.
  • On March 10, 2026, Governor Ivey commuted Burton's sentence from death to life without parole.

The players

Charles Lee "Sonny" Burton

A 75-year-old man who was convicted for his role in a 1991 killing in Talladega, Alabama, but did not fire the fatal shot.

Derrick DeBruce

The actual gunman in the 1991 killing of Doug Battle, who received a life sentence after a successful appeal.

Governor Kay Ivey

The governor of Alabama who commuted Burton's death sentence, citing the unequal sentencing between Burton and DeBruce.

Doug Battle

The AutoZone customer who was killed in Talladega, Alabama in 1991.

Tori Battle

The daughter of Doug Battle, who wrote to the governor urging clemency for the elderly Burton.

Got photos? Submit your photos here. ›

What they’re saying

“It disturbs me to think of a man who is now elderly, being executed, who if he had a better lawyer, probably never would have ended up on death row who questioned the fairness of executing an elderly man who never pulled the trigger.”

— Tori Battle, Daughter of Doug Battle

“Burton does not deserve special treatment because he is old—he could have been executed a long time ago, but like many death-row inmates, he chose to drag out his case through endless frivolous appeals.”

— Steve Marshall, Alabama Attorney General (NBC News)

What’s next

The commutation of Burton's sentence from death to life without parole is expected to be the final resolution of this case, as he will now serve the same sentence as the actual gunman, Derrick DeBruce.

The takeaway

This case highlights ongoing debates around the fairness and application of the death penalty, especially in cases where defendants receive unequal sentences despite similar levels of culpability. It also raises questions about the role of age and lengthy appeals processes in capital punishment cases.