Montgomery, Ala. (WDNews) — Governor Kay Ivey on Tuesday announced she has 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.
State law requires the governor to notify the victim’s family and the attorney general before making such a decision. Officials say Ivey first contacted a representative of Battle’s family and also notified the attorney general prior to issuing the commutation.
In a statement, Ivey said she supports the death penalty but believes it must be applied fairly.
“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. 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.
“Doug Battle was brutally murdered by Derrick DeBruce while shopping in an auto parts store. But DeBruce was ultimately sentenced to life without parole. Charles Burton did not shoot the victim, did not direct the triggerman to shoot the victim and had already left the store by the time the shooting occurred. Yet Mr. Burton was set to be executed while DeBruce was allowed to live out his life in prison.
“I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances. I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not.
“To be clear, Mr. 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. 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. I pray that they may find peace and closure.”
Burton will now serve life in prison without the possibility of parole. Governor Ivey also expressed gratitude to the Attorney General’s Capital Litigation Division for its work defending Burton’s conviction and sentence over the years.
