In January 2026, the Alabama Supreme Court authorized Governor Kay Ivey to set an execution date for Charles Burton, allowing the state to proceed with execution by nitrogen gas. This followed the exhaustion of his appeals, and he is now eligible for execution at any time. MONTGOMERY, Ala. -- Charles "Sonny" Burton didn't kill anyone. The state of Alabama could execute him anyway. Burton, 75, is facing execution for his role as an accomplice in a 1991 robbery at an auto parts store where customer Doug Battle was killed. No one disputes that another man, Derrick DeBruce, shot and killed Battle. Burton, one of six men involved in the robbery, was outside the store at the time of the shooting, according to testimony. DeBruce and Burton were both sentenced to death. But DeBruce was later resentenced to life imprisonment, leaving Burton -- who neither fired the gun nor ordered anyone to be killed -- as the only person facing execution.
The Alabama Legislature passed HB 41, the Child Predator Death Penalty Act, on Thursday. Alabama Attorney General Steve Marshall released a statement after it passed. "I applaud the Alabama Legislature for passing HB41, the Child Predator Death Penalty Act, which sends the strongest possible message that our state will not tolerate crimes against our children, who are among our most vulnerable citizens," Marshall said in the statement.