MONTGOMERY, Ala. (AP) \u2014 Alabama Gov. Kay Ivey on Tuesday commuted the death sentence of a 75-year-old inmate who was set to be executed this week even though he was not in the building when the victim was killed during a 1991 robbery. <\/p>\n
Ivey reduced Charles \u201cSonny\u201d Burton\u2019s sentence to life in prison without the possibility of parole, marking just the second time the Republican governor has granted clemency to a death row inmate since taking office in 2017.<\/p>\n
Burton was sentenced to death<\/a> for the shooting death of a customer, Doug Battle, during the robbery of an AutoZone auto parts store in Talladega. Though he had left the store before another man, Derrick DeBruce, killed Battle, Burton was convicted as an accomplice, with prosecutors portraying Burton as a leader of the robbery. <\/p>\n Both DeBruce and Burton were convicted of capital murder, but DeBruce\u2019s sentence was overturned on appeal. DeBruce was resentenced to life in prison and died in prison. <\/p>\n Ivey, who has presided over 25 executions, said she firmly believes in the death penalty as \u201cjust punishment for society\u2019s most heinous offenders,\u201d but said it also must be administered fairly and proportionately. The Republican governor said she \u201ccannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances.\u201d<\/p>\n \u201cI believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not,\u201d Ivey said in a statement. \u201cTo 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.\u201d<\/p>\n Burton was scheduled to be executed Thursday night by nitrogen gas, a new execution method the state began using in 2024.<\/p>\n Burton\u2019s supporters and family members had urged Ivey to consider clemency<\/a> for Burton, who uses a wheelchair. Multiple jurors from Burton\u2019s 1992 trial were among those urging his life be spared. Battle\u2019s daughter sent a letter to Ivey urging clemency, asking \u201chow does it legally make sense\u201d to execute Burton.<\/p>\n \u201cI\u2019m just so happy, so happy. It\u2019s just tears of joy,\u201d Burton\u2019s daughter, Lois Harris, said through sobs during a telephone interview. <\/p>\n