Advocates Urge Alabama Governor to Halt Execution of Wheelchair-Bound Man Who Was Not the Shooter

In the wake of Oklahoma Gov. Kevin Stitt’s recent decision to grant clemency to Tremane Wood, a non-shooter in a capital case, national death penalty advocates are intensifying calls for Alabama Gov. Kay Ivey to halt the execution of Charles “Sonny” Burton, a 75-year-old, wheelchair-bound man facing an imminent execution date. 

Advocates argue that Burton’s case presents even more compelling circumstances than Wood’s, pointing to evidence that Burton neither fired a weapon nor was present in the building at the time of the fatal shooting. The individual who carried out the killing was later resentenced to life without parole, a disparity critics say highlights the extreme disproportionality of Burton’s death sentence. 

The Oklahoma clemency decision has become a touchstone in the growing national reconsideration of executions for people who did not personally kill or intend to kill. Legal scholars and advocacy organizations increasingly argue that such executions violate evolving standards of decency and undermine public confidence in the fairness of the justice system. 

“Alabama is now standing at the same crossroads Oklahoma just navigated,” said Donna Venable, assistant federal defender for the Middle District of Alabama. “Will the State of Alabama execute a non-shooter like Charles Burton, who never intended that anyone be killed, when the actual shooter received a life sentence? Governor Stitt didn’t let that happen. While it is an act of mercy, clemency is also an act of strength. It takes true leadership to stand in the way of an injustice like this being carried out. Governor Ivey now has a similar opportunity to demonstrate the power of executive action to right wrongs in the justice system.” 

Burton’s age and medical condition have further intensified scrutiny. At 75, he would be among the oldest individuals Alabama has ever attempted to execute. He suffers from multiple chronic illnesses and relies on a wheelchair, factors that medical experts warn significantly increase the likelihood of complications during an execution. 

Legal experts argue that imposing the death penalty on an elderly, disabled non-shooter is not only excessive but potentially unconstitutional, given the heightened risk of unnecessary suffering. Courts across the country have increasingly grappled with how executions involving elderly or medically frail individuals intersect with the Eighth Amendment’s prohibition on cruel and unusual punishment. 

“Mr. Burton is an elderly man with serious physical limitations. He is not a threat to anyone. And as a non-shooter, his execution would move Alabama out of step with national standards, not toward them,” Venable said. “Oklahoma recognized that executing a non-shooter is unjust. Alabama should do the same before it is too late.” 

Nationally, momentum has continued to build against executions of people who lacked intent to kill. Several states have narrowed the scope of capital punishment, and governors across the political spectrum have used clemency powers to address cases involving disproportionate sentencing or diminished culpability. Oklahoma’s recent decision is seen by advocates as part of that broader shift. 

Victims’ family members have also emerged as influential voices in the debate. Tori Battle, the daughter of Doug Battle, who was killed during the robbery connected to Burton’s case, has publicly opposed Burton’s execution and has criticized how the clemency process treated her views. 

“Earlier this year, I was informed that the state intended to move forward with Mr. Burton’s execution,” Battle said. “When I was contacted by the Attorney General’s Victims’ Assistance Office and said I opposed the execution, I was told my opinion did not matter.” 

Battle has said that while she continues to grieve the loss of her father, executing a man who did not commit the killing does not represent justice. She has described feeling sidelined by a process that solicited her participation only for logistical purposes rather than for substantive input on mercy or proportionality. 

“Executing a man who did not commit the killing does not heal wounds or strengthen public trust. It weakens it,” she wrote. 

In her public writing, Battle has also reflected on how her understanding of justice has evolved since childhood. 

“As a child, I believed justice meant punishment. I thought executions would bring closure. Over time, I learned that justice cannot be reduced to finality,” she wrote. 

Advocates say her perspective underscores a broader shift among victims’ families, many of whom now publicly oppose the death penalty, particularly in cases involving non-shooters or serious questions about culpability. 

As Burton’s execution date approaches, advocates are urging Gov. Ivey to intervene, arguing that clemency would reflect not weakness but moral leadership. They point to Burton’s reduced role in the offense, the state’s decision to resentence the actual shooter, Burton’s advanced age and declining health, and the national trend away from executing non-shooters. 

Supporters of clemency have encouraged members of the public to contact the governor’s office to express opposition to the execution. Gov. Ivey’s office can be reached at 334-242-7100.

Source: davisvanguard.org, Staff, January 16, 2026

"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde