Ivey said she could not in good conscience execute Burton when the man who pulled the trigger had already received a lesser punishment and died in prison. The decision drew immediate condemnation from Alabama’s attorney general and praise from a federal pardon official, reflecting a broader national debate over accomplice liability and sentencing equity in capital cases.

MONTGOMERY, Ala. — Alabama Gov. Kay Ivey commuted the death sentence of Charles “Sonny” Burton, 75, to life in prison without the possibility of parole on Tuesday, two days before he was scheduled to be executed for a 1991 robbery murder in which he did not fire the fatal shot.

Ivey said she “cannot proceed in good conscience with the execution of Mr. Burton” when the man who pulled the trigger had already received a lesser punishment and died in prison.

“I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not,” Ivey said in a statement. “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 1991 crime and convictions

Burton was convicted of capital murder in the Aug. 16, 1991, shooting death of Doug Battle, a 34-year-old Army veteran and father of four, during a robbery at an AutoZone auto parts store in Talladega.

Before the group entered the store, Burton said that if anyone caused trouble he would “take care of it,” according to testimony. Prosecutors argued at trial that this statement showed Burton was the robbery’s leader; his attorneys disputed that characterization.

LaJuan McCants, who was 16 at the time of the robbery, testified that Burton and others had left the store before co-defendant Derrick DeBruce shot Battle in the back.

A jury convicted both DeBruce and Burton of capital murder, and both were sentenced to death. During closing arguments, a prosecutor told jurors that Burton was “just as guilty as Derrick DeBruce, because he’s there to aid and assist him.”

Why the triggerman received a lesser sentence

DeBruce’s death sentence was later overturned on appeal after a court found he had received ineffective counsel. He was resentenced to life in prison and subsequently died there without being executed.

Ivey cited that outcome as central to her decision.

“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,” she said.

The commutation marks only the second time Ivey has granted clemency to a death row inmate. She has presided over 25 executions during her tenure as governor.

Reaction from state officials

Alabama Attorney General Steve Marshall said he was “deeply disappointed” in the governor’s decision and said he believed the execution should have proceeded.

“There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands,” Marshall said.

Marshall said Burton organized the armed robbery and noted that “longstanding Alabama law recognizes accomplice liability, as has every judge that has touched this case over three decades.”

Federal pardon official praises decision

Alice Marie Johnson, whom President Donald Trump appointed as his “pardon czar,” praised Ivey on social media. She wrote that the governor “showed what courageous and common sense leadership looks like.”

“By commuting the death sentence of Charles ‘Sonny’ Burton, she ensured that justice — not technicalities — guides the most serious decision a state can make,” Johnson wrote.

Precedent in other states

Other Republican governors have granted clemency in cases involving sentencing disparities between co-defendants. Oklahoma Gov. Kevin Stitt last year commuted the death sentence of Tremane Wood to life, matching the sentence of Wood’s brother, who had confessed to the murder.

What happens next

Burton, who has been held on Alabama’s death row since 1992, will be moved off death row following the commutation. The timeline for that transfer was unclear; a spokesperson for the Alabama Department of Corrections did not immediately return a request for comment.

Burton will spend the rest of his life in prison. He has no possibility of parole.