Alabama Attorney General Steve Marshall said a man whose death sentence was commuted on Tuesday by Gov. Kay Ivey was nothing but a career criminal who could have been put to death a long time ago. Ivey commuted the sentence of Charles "Sonny" Lee Burton to life in prison without parole, just two days before he was set to be put to death.
"I am deeply disappointed to learn that Governor Ivey has commuted the death sentence of Sonny Burton," Marshall stated.
Burton served over three decades on Alabama's death row after being convicted in the 1991 shooting death of Douglas Battle at an auto parts store in Talladega. Burton played a role in robbing Battle, but Ivey said he had already left the scene, and another man pulled the trigger.
Ivey said she firmly believes in the death penalty for the most heinous offenders. She said she reached out to the Battle family before making the decision.
"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," she said.
However, Marshall said there is more to the story.
"While the media has done its best to paint Mr. Burton as a harmless, decrepit old man, he is a murderer," Marshall stated. "He organized an armed robbery, held a gun to the store manager's head, and callously doled out the proceeds of the robbery once Douglas Battle, an army veteran, was dead.
"Burton was a career criminal before he became a murderer, and the jury rightfully held him responsible for the death that he caused," he continued. "Longstanding Alabama law recognizes accomplice liability, as has every judge that has touched this case over three decades. There has never been any doubt that Sonny Burton has Douglas Battle's blood on his hands."
Marshall strongly stood in opposition to the commutation, saying Burton should have been put to death a long time ago.
"Burton does not deserve special treatment because he is old—he could have been executed a long time ago, but like many death-row inmates, he chose to drag out his case through endless frivolous appeals," Marshall said. "I firmly believe that he should have faced the punishment imposed by a jury of his peers and upheld by numerous judges.
"I do not want today's result to cause Alabamians to lose faith in our justice system," Marshall added. "For as long as I am Attorney General, I will not shy away from calling evil, evil and will do everything in my power to ensure that violence perpetrated against innocent Alabamians is punished mightily and without hesitation."
Ivey emphasized Burton will spend the rest of his life behind bars for his part in the robbery of the victim, the same sentence as the triggerman.
"I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances," Ivey stated. "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 thanked the Attorney General's Capital Litigation Division for their work defending Burton's conviction and sentence.
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