Alabama Death Row Inmate Gets Clemency After Decades of Appeals
On the day after Alabama Gov. Kay Ivey commuted his death sentence, halting his execution two days before it was scheduled, Charles “Sonny” Burton sat in a visiting room at Holman Correctional Facility in Atmore, Ala., enjoying a Coke and a Reese’s peanut butter cup.
He could not stop smiling.
“I’m feeling wonderful,” Burton told his legal team.
Burton, 75, was dressed in white sneakers and a brace supported his right hand. He wore a tan quilted jacket and slacks, and a tan helmet, provided by the prison to prevent falls, sat on the table next to photos taken with family earlier that day, along with a bag of quarters for the vending machines.
Burton identified the people in the photos: his sister Eddie Mae Ellison, his son Charles Burton III, and his grandson Charles Burton IV. Relatives continued to arrive throughout the day, creating a rolling family reunion.
The news of the commutation reached Burton’s legal team on Tuesday, March 10, 2026. His paralegal, Nancy Palombi, received a call from a reporter who alerted her to a press release from the governor’s office announcing the decision regarding Charles L. Burton.
Palombi immediately contacted Assistant Federal Defender Matt Schulz, who was at the prison without access to his cellphone. After confirming the news, Schulz rushed back to share the news with Burton.
Prison staff also celebrated the decision, waving and giving Burton thumbs-ups through the visiting room windows.
Burton’s commutation marks a historic moment: the third time in Alabama’s modern history that a governor has granted clemency to someone facing execution. Governor Ivey, who has overseen 25 executions since taking office in 2017, had previously commuted the sentence of Rocky Myers in 2025 due to doubts about his guilt.
Burton would have been the ninth person executed in Alabama using nitrogen gas in just over two years, a method adopted after complications arose with lethal injection. The state’s last execution using nitrogen gas prompted a dissenting opinion from Supreme Court Justice Sonia Sotomayor, who described the process as psychological torture.
The commutation also came as a documentary about Alabama’s prison system, “The Alabama Solution,” gained attention, highlighting the deadly conditions and inhumane punishments within the state’s correctional facilities. Lawmakers were meeting to discuss prison reform legislation on the day Burton received the news.
A Case Marked by Disparity
Burton’s case gained traction due to the stark disparity between his sentence and that of Derrick DeBruce, the man who actually fired the fatal shot during a 1991 robbery at an AutoZone in Talladega, Alabama. While Burton was convicted as an accomplice and sentenced to death, DeBruce’s death sentence was later overturned on appeal. DeBruce was resentenced to life in prison and subsequently died in prison.
Governor Ivey stated that she “cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances,” emphasizing that it would be unjust to execute one participant in the crime while the triggerman received a lesser punishment. She clarified that Burton would not be eligible for parole and would spend the remainder of his life in prison.
The campaign for Burton’s clemency was bolstered by support from six of the eight living jurors who originally voted to sentence him to death, as well as from the daughter of the victim, Doug Battle, who opposed the execution.
Burton’s legal team argued that he never intended for anyone to be killed during the robbery and that his initial denial of involvement was influenced by fear and trauma. They presented evidence suggesting that Burton expressed remorse and did not want anyone to acquire hurt.
A History of Trauma and Systemic Issues
Burton’s early life was marked by poverty, racism, childhood abuse, and trauma, factors often present in the backgrounds of those sentenced to death in the United States. By the time of his commutation, Burton suffered from rheumatoid arthritis and required assistance with mobility.
The commutation highlights broader issues within the criminal justice system, including racial disparities in sentencing and the potential for wrongful convictions. The case also underscores the evolving debate surrounding the death penalty and the use of alternative execution methods.
Burton’s strong family support system played a crucial role in his perseverance throughout decades on death row. His relatives actively participated in the clemency campaign and provided emotional support during his incarceration.
Following the commutation, Burton was transferred to Kilby Correctional Facility outside Montgomery, where he will await further assignment within the state prison system. He expressed gratitude for the second chance and plans to savor the moment with his legal team and family.
As Burton himself stated, “God has given me a second chance.”