Alabama inmate who didn't even witness murder is being executed for it

Alabama inmate who didn't even witness a murder will be executed for it While the man who killed Doug Battle received a life sentence, one of the killer's accomplices is about to be executed even though he was not in the building. Does Sonny Burton deserve mercy? Alabama will execute an inmate this week who was not even in the building when the murder for which he was convicted took place. Charles Lee “Sonny” Burton, 75, will be executed by a controversial method using nitrogen gas on Thursday, March 12, for the death of Doug Battle, a customer killed during a robbery at an AutoZone in Talladega, Alabama, on August 16, 1991. Burton and five other men robbed the store and its customers that day. But only one of the robbers, a man named Derrick DeBruce, decided to shoot Battle. Burton had already left the building and had no idea that Battle had been shot. Like many other states, Alabama law allows a defendant who participated in a serious crime such as robbery to be convicted of murder, even if he did not commit suicide. Burton was convicted under that law and sentenced to death. Meanwhile, DeBruce received a life sentence. Tori Battle, who was just 9 years old when DeBruce killed her father, is among those fighting for a pardon for Burton. "No one from the state has ever sat down with me to explain why Alabama believes it should execute a man who did not kill my father," he said in an op-ed published in the Montgomery Advertiser, part of the USA TODAY Network. "My love for my father does not require another death, especially one that defies reason." On Monday, March 9, supporters holding signs reading "Save Sonny" gathered at the Alabama State Capitol in Montgomery to deliver a petition asking Alabama Governor Kay Ivey to grant clemency to Burton. The petition had more than 67,000 signatures. "Killing a man who not only did not kill, but also did not encourage, participate in or even witness the shooting, and to do so after the shooter received a life sentence, represents a factual injustice," Burton's lawyers say in a clemency petition addressed to Ivey. "As chief law enforcement officer of the state of Alabama, it is not only within your power, but your duty to correct such injustices." Ivey's communications director told USA TODAY on Monday that the governor "reviews every case in which an execution has been ordered" and "carefully considers all findings, facts and circumstances." "At this time, as previously noted, Governor Ivey has no plans to grant clemency," Gina Maiola said in a statement. "A jury convicted Mr. Burton of capital murder and unanimously recommended a death sentence. Over the past 33 years, his conviction and sentence have been reviewed at least nine times, and no court has found any reason to overturn the jury's decision." Here's what you need to know about the case, including more information about the arguments for clemency and the controversial execution method Burton faces. When is the execution? Sonny Burton is scheduled to be executed with nitrogen gas around 6 p.m. CT on Thursday, March 12 at the Holman Correctional Facility in Atmore, southwest Alabama. Why was Sonny Burton convicted? On August 16, 1991, Sonny Burton, Derrick DeBruce and four other men decided to rob an AutoZone in Talladega, Alabama. Store manager Larry McCardle said DeBruce pulled out a gun and told everyone in the store to get on the ground. McCardle said Burton pointed a gun at him and told him to take it to the safe. He complied. Doug Battle, a 34-year-old married father, walked in during the robbery. One of the robbers told him to get on the ground, but he "was having some difficulty" doing so, and an argument ensued between him and DeBruce, according to court records. DeBruce finally hit Battle, who fell to the ground and fired.