Alabama to Execute Man Who Never Killed

Alabama is preparing to execute a man whom even supporters of the conviction acknowledge did not personally kill anyone, yet was still convicted of murder.

In a The New York Times opinion piece, mitigation specialist Elizabeth Vartkessian—founder of a nonprofit that promotes empathy and dignity in the criminal justice system—examines the case of 75-year-old Sonny Burton. Burton has spent nearly half his life on death row for his role in a 1991 robbery at an AutoZone store. During the robbery, another man, Derrick DeBruce, remained behind and shot the victim.

DeBruce originally received a death sentence, but that punishment was later reduced to life in prison without parole. Burton, however, is scheduled to be executed next week.

Vartkessian—who leads the organization Advancing Real Change—questions whether this outcome can truly be called justice. Under Alabama law, someone involved in a felony can receive the death penalty if a killing occurs during that crime, even if they did not commit the killing themselves. Still, Vartkessian notes that executions under these circumstances are extremely rare in the United States.

Members of the jury from Burton’s trial, as well as the victim’s daughter, are urging Kay Ivey, the governor of Alabama, to grant clemency and spare Burton’s life. “Governors in other states with similar laws have granted clemency in cases like this,” Vartkessian writes.

However, clemency appears unlikely. Ivey has granted it only once during nearly a decade as governor, and she said last year she had no plans to intervene in Burton’s case, according to WBRC.

If the governor does not act, Burton—who now mostly relies on a wheelchair—will be executed on March 12 using nitrogen gas. The method has drawn criticism from medical and legal experts and has already been used in a controversial execution in Alabama. Vartkessian argues that Burton’s case represents a test of whether the state will choose mercy or continue what she describes as a culture of indifference.

The full opinion piece appears in The New York Times, while AL.com reports on Burton’s final appeals.

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