MONTGOMERY, Ala. – Gov. Kay Ivey on Tuesday, March 10 commuted the death sentence of Charles L. Burton to life in prison without the possibility of parole, ending decades of legal proceedings tied to a 1991 capital murder in Talladega.
Burton was convicted in the killing of Doug Battle, who was fatally shot during a robbery at an auto parts store. According to the Governor’s office, Burton did not fire the fatal shot and had already left the store when the shooting occurred.
In announcing the decision, Gov. Ivey said the commutation was necessary to ensure fairness in the application of the death penalty.
“I firmly believe that the death penalty is just punishment for society’s most heinous offenders, as shown by the 25 executions I have presided over as Governor,” Ivey said in a statement. “In order to ensure the continued viability of the death penalty, however, I also believe that a government’s most consequential action must be administered fairly and proportionately.”
Authorities said Battle was shot by Derrick DeBruce during the robbery. DeBruce was ultimately sentenced to life in prison without parole.
Gov. Ivey said the disparity in sentences weighed heavily in her decision.
“I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances,” she said. “I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not.”
Under the commutation, Burton will spend the remainder of his life in prison without the possibility of parole, the same punishment imposed on DeBruce.
Before exercising her authority, Gov. Ivey said she notified a representative of Battle’s family and informed the state attorney general, as required by law.
In a letter to John Hamm, Commissioner of the Alabama Department of Corrections, the Governor cited her constitutional authority to grant reprieves and commutations for individuals under a death sentence.
Gov. Ivey also thanked the Alabama Attorney General’s Capital Litigation Division for its years of work defending Burton’s conviction and sentence.
“The murder of Doug Battle was a senseless and tragic crime,” Gov. Ivey said. “I pray that his family may find peace and closure.”
