VICTORY

Alhamdulillah. After years of advocacy and prayers from supporters across the country, Charles “Sonny” Burton’s life has been saved. Governor Kay Ivey has officially commuted Sonny Burton’s death sentence, removing him from death row. He will now serve life without the possibility of parole instead of execution.

March 10, 2026
Resolved Death Penalty

Save Brother Sonny Burton

Save Our Muslim Brother! Sonny Burton didn't kill ANYONE. They Scheduled His Execution In Ramadan.

Holman Correctional Facility in Atmore, Alabama

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Save Brother Sonny Burton
Age 75
Time Detained 33 years
Facility Holman Correctional Facility in Atmore, Alabama
Family Father of 3

Their Story

At 75 years old and in failing health, Sonny Burton is facing a March 12 execution for a 1991 crime in which he was not the shooter. Despite the actual killer receiving a life sentence, Sonny remains on death row. Supported by the victim’s family and original jurors, advocates are calling on Governor Kay Ivey to grant clemency and rectify this sentencing disparity.
  • The Injustice: Sonny was sentenced to death for a 1991 robbery where he did not pull the trigger. The actual shooter was granted life without parole.

  • Redemption: A devout Muslim, Sonny has spent decades mentoring others and remarkably forgave the man who murdered his own wife in 1988.

  • Support: Six of the original jurors and the victim’s daughter, Tori Battle, now advocate for Sonny’s life.

  • The Crisis: At 75 and in failing health, Sonny is scheduled for execution via nitrogen hypoxia during the holy month of Ramadan.

  • The Goal: A coalition is urging Governor Kay Ivey to grant clemency and commute his sentence to Life Without Parole.

Case Details

On August 16, 1991, Charles “Sonny” Burton and five other men committed an armed robbery at an AutoZone store in Talladega, Alabama. While Sonny was heavily involved in planning the robbery and took an employee into the back office to empty the safe, he explicitly stated during the crime that he was not going to hurt anybody.
As the robbery was concluding, a customer named Doug Battle walked into the store. A co-defendant named Derrick DeBruce got into an altercation with Mr. Battle and ultimately shot him in the back, killing him. Sonny was already outside of the building running the getaway car when the fatal shot was fired. When DeBruce returned to the car, Sonny asked him why he had shot someone, shook his head, and told the group, “Let’s get out of here”.
Despite never pulling the trigger, not witnessing the murder, and lacking the intent to kill, Sonny was convicted of capital murder under Alabama’s felony-murder rule and sentenced to death in 1992. The prosecution secured his death sentence largely by relying on the testimony of a 16-year-old co-defendant, LuJuan McCants, who took a plea deal to avoid the death penalty. Years later, McCants signed a declaration clarifying that he was young, scared, and intimidated by the prosecutor, and that Sonny had never intended for any violence to take place. Furthermore, Mr. Burton’s trial was marred by confusing jury instructions regarding what constituted an “intent to kill”.
The most glaring issue in the case is the extreme sentencing disparity between Sonny and the actual killer. Derrick DeBruce, the man who shot and killed Mr. Battle, later had his death sentence overturned, and the State of Alabama agreed to resentence him to life without the possibility of parole. DeBruce died in prison in 2020. The Alabama Attorney General’s office has publicly admitted in legal briefings that executing Sonny while the actual shooter was spared is “arguably unjust”.
Now 75 years old, frail, suffering from severe rheumatoid arthritis, and confined to a wheelchair, Sonny is scheduled to be executed by nitrogen hypoxia on March 12, 2026. Because his legal appeals are exhausted, his only remaining path to survival is a grant of executive clemency from Governor Kay Ivey.
There is an extraordinary, broad-based coalition actively campaigning to have Sonny’s sentence commuted to life without parole.
His supporters include:
  • The Victim’s Family: Doug Battle’s daughter, Tori Battle, has forgiven Sonny, accepted his public apology, and has written to the governor urging her to extend grace and spare his life.
  • The Original Jury: Six of the eight living jurors who originally sentenced Sonny to death are now publicly supporting his clemency. Three of them have written directly to the governor stating they never would have voted for death had they known the triggerman would be spared.
  • Faith Leaders and Advocates: Because the execution date controversially falls during the last 10 days of Ramadan—the holiest period in the Islamic calendar—Muslim leaders, alongside Christian and Jewish clergy, are heavily protesting the execution, highlighting his peaceful rehabilitation and transformation over 34 years in prison.
Charges / Allegations

Charles “Sonny” Burton was officially indicted and convicted on the charge of capital murder.

The specific allegations and legal mechanisms surrounding this charge include:
– The Underlying Crime: The capital murder charge stemmed from his participation in an armed robbery at an AutoZone store in Talladega, Alabama, on August 16, 1991. During this robbery, a customer named Doug Battle was shot and killed by Burton’s co-defendant, Derrick DeBruce.
– Capital Felony-Murder Rule: Burton was convicted under Alabama’s capital felony-murder statute. This law allows participants in certain felonies (such as robbery) to be held legally responsible for a death that occurs during the commission of the crime, even if they were not present for the killing and did not pull the trigger.
– The Allegation of “Intent to Kill”: Under Alabama law, a death sentence cannot be supplied merely by the felony-murder doctrine; the State must prove that a non-triggerman accomplice had a “particularized intent to kill”. To satisfy this requirement and secure a death sentence, the prosecution alleged that Burton was the “ringleader” of the group. The State heavily relied on the testimony of a 16-year-old co-defendant who alleged that, prior to the robbery, Burton had stated that “if anybody needed to be hurt, let him do it”.

(Note: The 16-year-old witness who provided this testimony later signed a declaration stating he was young, terrified, and intimidated by the prosecutor into repeating that phrase, and clarified that Burton never intended for any violence to take place.)

Legal Representation Matt Schulz
Facility Holman Correctional Facility in Atmore, Alabama
Read Our Official Statement (March 10, 2026)

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Call Governor Kay Ivey's Office

Call AL Governor Kay Ivey and demand clemency for Sonny Burton: (334) 242-7100
Phone Script
Hi, my name is [Your Name] and I am calling from [City, State]. I am calling to respectfully urge Governor Ivey to grant clemency to Charles 'Sonny' Burton. Sonny did not pull the trigger, yet he remains on death row while the actual shooter was given a life sentence. Sonny is now in failing health and uses a wheelchair. I ask the Governor to commute his sentence to Life Without Parole to correct this 'arguably unjust' disparity. Thank you.
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Post on Social Media

In 1992, Charles “Sonny” Burton was sentenced to death for a shooting he did not commit. He did not pull the trigger, did not order anyone to shoot, and did not even witness it happen. The triggerman acted alone. The State later agreed to resentence the shooter to life without parole. Yet Sonny remains on death row. This injustice demands action. Governor Ivey must step in and grant clemency.
Email Governor Ivey #ClemencyForSonnyBurton #Justice #Alabama #DeathPenalty

Charles “Sonny” Burton faces execution despite never pulling the trigger and never intending for anyone to be killed. The man who committed the killing was spared execution. Sonny was not. That disparity should give us pause and demand mercy. Urge Governor Ivey to commute Sonny Burton’s sentence to life without parole.
Email Governor Ivey #Mercy #JusticeNotExecution #EndTheDeathPenalty

Case Timeline

August 16, 1991

Arrested for Crime

Charles "Sonny" Burton and five other men commit an armed robbery at an AutoZone in Talladega, Alabama. As the robbery concludes, co-defendant Derrick DeBruce shoots and kills customer Doug Battle. Burton is outside running the getaway car when the fatal shot is fired.

January 31, 1992

Pretrial Procedural Error

A pretrial motions hearing is held in the absence of Burton and his co-defendant, which legal scholars later note as a major procedural error

April 16, 1992

Sentenced to Death

Despite not being the shooter, Burton is convicted of capital murder under Alabama’s felony-murder rule and is sentenced to death

April 1, 1993

Affirmation of Capital Conviction

1993: The Alabama Court of Criminal Appeals affirms Burton's capital conviction.

April 1, 1994

Affirmation of Capital Conviction

September 16, 1994: The Alabama Supreme Court affirms his conviction.

May 15, 1995

Supreme Court Denial

The U.S. Supreme Court denies Burton's initial petition for certiorari.

January 1, 2005

Federal habeas corpus proceedings

2005–2009: Federal habeas corpus proceedings take place in the Northern District of Alabama. Burton's petition is ultimately denied, moving his case closer to an execution date.

January 1, 2015

Actual Killer's Death Sentence Overturned

2015: In a turning point for the case, the actual shooter, Derrick DeBruce, has his death sentence overturned, and the State of Alabama agrees to resentence him to life without the possibility of parole. In a legal brief, the State itself acknowledges that leaving Burton on death row while sparing the shooter creates an "arguably unjust" situation.

January 1, 2018

Supreme Court Denial

2018: The Alabama Supreme Court denies a further petition for writ of certiorari for Burton.

January 1, 2019

Legal challenges

2019: Legal challenges continue regarding the constitutionality of Alabama's sentencing scheme and the severe disparity between Burton's sentence and his co-defendants.

January 1, 2020

Killer Dies in Prison

2020: Derrick DeBruce, the man who shot and killed Doug Battle, dies in prison

October 1, 2025

Attorney General's Office sets intention to execute Burton

Doug Battle's daughter, Tori Battle, is notified by the Alabama Attorney General's Office that the State intends to execute Burton in her father's name. This prompts her to actively oppose the execution and write to the governor to ask for grace.

October 1, 2025

Motion to set an execution date

October 2025: The State of Alabama officially files a motion to set an execution date for Burton.

December 10, 2025

Application for Clemency

Burton's attorney, Matt Schulz, submits a formal application for clemency to Governor Kay Ivey, asking her to commute his sentence to life without the possibility of parole

December 1, 2025

10,000-word response

December 2025: Burton's legal team files a 10,000-word response urging the court to deny the execution warrant due to his deteriorating health and the injustice of the sentence. During this month, Tori Battle also writes an op-ed expressing her forgiveness and advocating for his life.

International and National Clemency Campaign

January 2026: An international and national clemency campaign is launched to save Burton's life.

February 5, 2026

Governor sets execution date

Governor Kay Ivey sets Burton's execution date.

February 17, 2026

Start of Ramadan

February 17, 2026: The Islamic holy month of Ramadan begins. It will last until March 17.

March 4, 2026

Press Conference

A press conference is held by Burton's legal counsel, faith leaders, and advocates to elevate the urgent call for clemency to the public.

March 9, 2026

Mercy Monday Vigil

Advocates schedule a "Mercy Monday" vigil and a 1.5-mile march to the Alabama Capitol to hand-deliver clemency petition signatures to the governor's office.

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