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Alabama Sets March 12 Nitrogen Execution for 75-Year-Old Who Didn’t Fire Fatal Shot

Clemency appeals face resistance from Gov. Kay Ivey.

Overview

  • Burton was convicted under Alabama’s accomplice liability for a 1991 Talladega AutoZone robbery in which customer Doug Battle was killed.
  • The shooter, Derrick DeBruce, had his death sentence vacated for inadequate counsel, was resentenced to life, and later died in prison.
  • Multiple jurors from Burton’s 1992 trial and Battle’s daughter have urged clemency, while Ivey’s office says she has no plans to grant it and the attorney general opposes it.
  • Alabama plans to use nitrogen hypoxia, first employed by the state in 2024, after at least nine court reviews left Burton’s conviction and death sentence intact.
  • Burton, now 75, says he neither ordered nor carried out the killing and has apologized to the Battle family, as advocates note at least 22 executions of non-shooters nationwide.