Ivey spares life of Sonny Burton

The Alabama governor announced the commutation Tuesday, just two days before Burton's scheduled execution.

ATMORE, Ala.—Gov. Kay Ivey has commuted Sonny Burton’s sentence of death. She made the announcement Tuesday morning.

Barring further legal developments, Burton , 75, will now serve the remainder of his life in prison without the possibility of parole

Burton is wheelchair bound and wears a helmet to reduce fall risks.

For more than three decades, Burton has served on Alabama’s death row for his role in the 1991 robbery of a Talladega AutoZone. During the robbery, one of five people who’d arrived with Burton, Derrick DeBruce, shot and killed Doug Battle, a customer who’d walked into the store.

Burton admits that he was one of the men who participated in the robbery, but no one—including the state—disputes that Burton did not kill Battle. Testimony in the case showed that Burton wasn’t inside the building when the fatal shot was fired.

“Not only did he not kill anyone, but he didn’t order anyone to kill anyone,” said Matt Schulz, one of Burton’s lawyers. “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.”

Read more about Sonny’s case here.

Following the announcement, Burton thanked the governor in a written statement.

“She has proven to the people of Alabama, and the world, that she is a responsible Governor,” Burton said. “And I thank her. Just saying thank you doesn’t seem like much. But it’s what I can give her. And I do thank her. Thank you, Governor.”

Ivey’s office released the following statement at the time of her decision:

“I firmly believe that the death penalty is just punishment for society’s most heinous offenders, as shown by the 25 executions I have presided over as governor. In order to ensure the continued viability of the death penalty, however, I also believe that a government’s most consequential action must be administered fairly and proportionately.

“Doug Battle was brutally murdered by Derrick DeBruce while shopping in an auto parts store. But DeBruce was ultimately sentenced to life without parole. Charles Burton did not shoot the victim, did not direct the triggerman to shoot the victim and had already left the store by the time the shooting occurred. Yet Mr. Burton was set to be executed while DeBruce was allowed to live out his life in prison.

“I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances. I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not.

“To be clear, Mr. Burton will not be eligible for parole and will rightfully spend the remainder of his life behind bars for his role in the robbery that led to the murder of Doug Battle. He will now receive the same punishment as the triggerman.

“The murder of Doug Battle was a senseless and tragic crime, and this decision does not diminish the profound loss felt by the Battle family. I pray that they may find peace and closure.”

Tread will continue to update this story as it develops.