Alabama man faces execution despite not pulling trigger in 1991 killing; victim's daughter urges clemency

Charles "Sonny" Burton could be executed in Alabama despite never having killed anyone, a rare occurrence in a death penalty case that has pushed some of the jurors who sentenced him to seek clemency from the state's governor. In:

Charles "Sonny" Burton could be executed in Alabama despite never having killed anyone, a rare occurrence in a death penalty case that has pushed some of the jurors who sentenced him to seek clemency from the state's governor.

Burton, 75, is facing execution for his role as an accomplice in a 1991 robbery at an auto parts store where customer Doug Battle was killed. No one disputes that another man, Derrick DeBruce, shot and killed Battle. Burton, one of six men involved in the robbery, was outside the store at the time of the shooting, according to testimony.

DeBruce and Burton were both sentenced to death. But DeBruce was later resentenced to life imprisonment, leaving Burton — who neither fired the gun nor ordered anyone to be killed — as the only person facing execution.

Matt Schulz, Burton's attorney, said the case "represents an extreme outlier" among death penalty cases.

The Alabama Supreme Court in January authorized Gov. Kay Ivey to set an execution date for Burton using nitrogen gas. The victim's daughter and multiple jurors from his 1992 trial are now urging the governor to grant clemency, arguing the case raises fundamental questions of fairness.