ALABAMA SCHEDULES EXECUTION FOR MAN IN AUTO PARTS STORE KILLING. (PHOTO).

 Alabama schedules execution for man in auto parts store killing

   Alabama has set a March execution date for Charles “Sonny” Burton, 75, who was sentenced to death for his role in a 1991 auto parts store robbery that left customer Doug Battle dead, even though Burton did not fire the fatal shot. Gov. Kay Ivey scheduled the execution for March 12 using nitrogen gas. Burton was convicted as an accomplice, with prosecutors portraying him as the ringleader of the robbery in Talladega, while Derrick DeBruce, the man who actually shot Battle, was originally sentenced to death but later had his sentence reduced to life in prison and has since died in custody.

Family members of the victim, jurors, and others urged clemency, arguing it is unfair to execute Burton when the triggerman received a lesser sentence. Burton’s attorney, Matt Schulz, criticized the decision, expressing hope that the governor would intervene before the execution. In her notice to the prison commissioner, Ivey said she currently has no plans to grant clemency but retains the authority to do so at any time before the execution. Alabama’s Attorney General Steve Marshall’s office opposed clemency, noting that Burton’s conviction and death sentence have been upheld at every level of the courts. Burton’s legal team pointed out that in 2015, the state itself argued it would be “arguably unjust” to uphold Burton’s death sentence while the shooter received a lighter penalty. Since taking office in 2017, Ivey has granted clemency only once.