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MONTGOMERY, Ala. (BFMG) — Gov. Kay Ivey on Tuesday commuted the death sentence of Charles L. Burton to life in prison without the possibility of parole.
Burton was convicted and sentenced to death for the 1991 capital murder of Doug Battle in Talladega, Alabama.
As required by state law, Ivey said she first contacted a representative of Battle’s family before making her decision. She also notified the Alabama attorney general.
In a letter to Alabama Department of Corrections Commissioner John Hamm, Ivey said she believes the death penalty is a just punishment for “society’s most heinous offenders,” noting she has presided over 25 executions as governor. But she said the state’s “most consequential action” must be carried out fairly and proportionately.
Ivey said Battle was “brutally murdered” by Derrick DeBruce while shopping in an auto parts store, but DeBruce was ultimately sentenced to life without parole. She said Burton did not shoot Battle, did not direct the triggerman to shoot and had already left the store when the shooting occurred, yet Burton was set to be executed while DeBruce serves life in prison.
“I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances,” Ivey 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.”
Ivey stressed that Burton will not be eligible for parole and “will rightfully spend the remainder of his life behind bars for his role in the robbery that led to the murder of Doug Battle.” She said he will now receive the same punishment as the triggerman.
“The murder of Doug Battle was a senseless and tragic crime, and this decision does not diminish the profound loss felt by the Battle family,” Ivey said. “I pray that they may find peace and closure.”
