The U.S. state of Alabama plans to execute a 75-year-old man for his role in a deadly robbery, even though he did not pull the trigger. The case is drawing attention because the man who carried out the killing was later spared the death penalty.
Charles “Sonny” Burton is set to be executed on March 12. Alabama plans to use nitrogen gas, a method that has been introduced recently and is still rare in the United States.
The case goes back more than 30 years to August 16, 1991. During a robbery at an AutoZone store in the city of Talladega, a customer named Doug Battle was shot and killed. Burton was not inside the store at the time and did not fire the weapon. Prosecutors argued that he helped plan the crime and led the group, which made him legally responsible under Alabama law.
In the United States, some states allow the death penalty not only for the person who kills, but also for others involved if they are seen as key organizers of the crime.
The shooter, Derrick DeBruce, was sentenced to death at the same trial. Years later, a court reduced his sentence to life in prison. He later died while serving that sentence.
This difference in punishment has led to calls for mercy for Burton. Supporters say it is difficult to justify executing someone who did not kill anyone when the person who did was not executed.
Those supporting clemency include one of the victim’s children and several jurors from the original trial. They argue that the punishment no longer fits the outcome of the case.
Burton’s lawyer, Matt Schulz, criticized the decision to move ahead with the execution. “We are very disappointed that Governor Ivey has opted to set an execution date for Mr. Burton. But we hope and pray that she… still changes her mind and stops this unjust execution of a man who has never taken a life,” he said.
Alabama Governor Kay Ivey has informed prison officials that she does not currently plan to stop the execution. However, under U.S. law, she can still delay or cancel it at any time before the scheduled date.
The state’s attorney general has opposed clemency, saying Burton’s conviction and death sentence were reviewed and upheld by multiple courts. The jury in 1992 unanimously supported the death penalty.
Even so, concerns about fairness have appeared in court records. In a 2015 legal filing, the state acknowledged that executing Burton could be “arguably unjust” if the gunman did not receive the same punishment.
Since 2017, Governor Ivey has granted clemency only once .