A major legal decision in Alabama has spared the life of a man who had been on death row for more than three decades.
The case attracted attention because the man did not personally carry out the fatal shooting but was still sentenced to death under a legal doctrine that holds all participants in a serious crime responsible for a killing. After reviewing the case, the state’s governor decided that executing him would be unjust.
Alabama Governor Commutes Death Sentence of Murder Convict
Alabama Gov. Kay Ivey announced that she has commuted the death sentence of Sunny Burton, a 75-year-old man who had been on death row since the early 1990s.
Burton had been scheduled to be executed on March 12. The execution was set to use nitrogen gas, a controversial method currently used only in Alabama.
With the governor’s decision, Burton will no longer face execution and will instead serve life in prison.
This marks only the second time since 2017 that Gov. Ivey has commuted a death sentence.
Case Dates Back to 1991 Robbery
The case began in 1991 when Burton and several other men planned a robbery at an AutoZone store in Montgomery, Alabama.
According to court records:
- Burton organized the robbery plan.
- Several accomplices joined him in carrying out the crime.
- Three of the men entered the store armed with guns.
Once inside the store, Burton reportedly pretended to be a customer before asking to use the restroom.
At that moment, one of the accomplices, Derek DeBruce, pulled out a gun and ordered everyone in the store to get on the floor.
Customer Shot During the Robbery
Authorities said Burton pointed his gun at the store manager and ordered him to open the safe.
After the money was taken, Burton reportedly left the store.
However, the situation inside escalated when a customer named Douglas Battle entered during the robbery.
According to court documents, Battle struggled to comply with the gunman’s orders to lie on the floor.
During the confrontation, DeBruce knocked the man down and shot him in the back, killing him.
Burton Convicted Under Felony Murder Law
Even though Burton did not fire the fatal shot, prosecutors used the felony murder rule to charge him with murder.
This legal rule allows courts to hold all participants in a serious crime responsible if someone dies during the act.
In 1992, Burton was convicted of felony murder and sentenced to death.
Gunman Later Received Life Sentence
The governor’s decision was influenced by the fact that the man who actually pulled the trigger no longer faces execution.
Derek DeBruce, the shooter, was originally sentenced to death as well.
However, in 2014 his sentence was reduced to life in prison after he successfully argued that his legal representation during the trial had been ineffective.
This created a situation where Burton could have been executed even though the shooter would remain alive in prison.
Governor Says Execution Would Be Unjust
Gov. Kay Ivey explained her reasoning in a public statement.
She said it would be unfair for Burton to be executed when the man who committed the actual killing will not face the same punishment.
According to the governor:
- Burton helped plan the robbery.
- However, he did not pull the trigger.
- The gunman is already serving life in prison.
Because of this difference in outcomes, she decided to commute Burton’s sentence.
Some Jurors Also Questioned the Death Sentence
Over the years, some jurors from Burton’s original trial have also expressed doubts about the death penalty in the case.
One juror publicly supported reducing Burton’s sentence to life in prison.
He argued that other high-profile criminal leaders have received life sentences rather than execution, suggesting Burton should receive similar treatment.
Governor Still Supports Death Penalty
Despite the decision, Gov. Ivey emphasized that she continues to support capital punishment.
During her time in office, she has overseen 25 executions in Alabama.
Among current governors, only Florida Gov. Ron DeSantis has overseen more executions.
However, the number is still far lower than former Texas Gov. Rick Perry, who oversaw more than 200 executions during his time in office.
Burton Responds to the Decision
After learning that his life had been spared, Burton released a short statement through his attorney.
In the statement, he thanked the governor for her decision and expressed gratitude for the chance to live.
He said he believed the governor had shown fairness and responsibility in making the choice.
