“Thank You Governor” Death Row Inmate Who Never Killed Anyone, Spared Execution

Summary

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“Thank You Governor”: Death Row Inmate Who Never Killed Anyone, Spared Execution

Amy Robach & T.J. Holmes Present (iHeartPodcasts), March 11, 2026

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Episode Theme Overview

This episode explores the remarkable commutation of Charles “Sonny” Burton’s death sentence by Alabama Governor Kay Ivey. Burton—who was scheduled to be executed despite never having directly killed or ordered the death of anyone—had been on death row for 35 years under the controversial “felony murder” doctrine. The hosts, Amy Robach and T.J. Holmes, break down the facts of the case, public reactions, and the moral and legal questions it raises about the American justice system, especially in death penalty cases.

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Key Discussion Points & Insights

1. The Rarity of the Event & Alabama’s Context

• T.J. Holmes (04:56): Outlines how rare it is for Alabama (or any state) to commute a death sentence, emphasizing the state’s high rate of executions. Governor commutations in Alabama are “almost unheard of.”
• Amy Robach (05:32): Notes the exceptional nature of Burton’s case, highlighting that he “never killed anyone, never directed anyone to kill, wasn’t even in the same room.”

2. The Felony Murder Doctrine

• Explanation (06:59): Robach explains felony murder laws, whereby anyone involved in a felony can be as culpable for a murder as the actual killer, even if they didn’t kill or weren’t present.
  • Notable Quote (Amy Robach, 06:59): “If you were a part of a crime where a murder happened… you are just as culpable according to this law as the person who actually killed the other person.”
• 46 states have felony murder laws; only Michigan, Ohio, Kentucky, and Hawaii do not.

3. Details of the Crime & Legal Proceedings

• Case Background (07:39): Six men, including Burton, robbed an AutoZone in 1991. Burton left the scene before a co-defendant shot and killed a customer.
• The actual killer received a commuted sentence (to life); Burton, “the only member… to end up on death row” (Amy Robach, 08:28).

4. Disparity in Sentencing & Mounting Public Pressure

• Questions of Fairness (08:43-09:10): Hosts express disbelief at the disproportionate punishment: “The guy who shot and killed the guy, his sentence was reduced to life in prison. So why is it the guy who did not pull the trigger…[is set for] death?” (T.J. Holmes, 08:43).
• Community engagement: Over 60,000 signatures urging commutation, plus public demonstrations (Amy Robach, 11:28).

5. Victim’s Daughter Speaks Out

• Impactful Advocacy (09:10-09:51): The victim’s daughter, Doug Battle’s child, publishes a powerful op-ed “literally begging the governor not to kill Charles ‘Sonny’ Burton.” She argued it would not honor her father’s memory.

6. Governor Ivey’s Decision & Statement

• Reads from Governor Ivey’s official statement:
  • Notable Quote (Governor Ivey via Amy Robach, 10:15): “I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances. I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not.”
• Sonny Burton’s Response via Attorney (11:28): “She has proven to the people of Alabama and the world that she is a responsible governor. And I thank her. Just saying thank you doesn’t seem like much, but it’s what I can give her.”

7. District Attorney’s Objection

• DA’s Reaction (14:46): Strongly opposed: “There has never been any doubt that Sonny Burton has Douglas Battle’s blood on his hands. Burton does not deserve special treatment because he is old… I firmly believe that he should have faced the punishment imposed by a jury…”
  • Notable Reaction (T.J. Holmes, 15:20): “Wow. We applied a little decency into our justice system. I’m okay with that.”

8. Deeper Reflections on Mercy & Justice

• Hosts’ Perspective (12:32–14:08): Both reflect on the complexity of death penalty cases, especially cases with “extenuating circumstances.” They discuss the importance of taking the entirety of a case’s context into account.
  • Notable Quote (Amy Robach, 13:28): “A lot of times we’re not talking about premeditated evil murders… it is these stupid mistakes that people make when they’re committing another crime.”
• Robach rebuffs idea this is “special treatment for age,” reiterating it was about fairness (15:32).

9. Reading the Victim’s Daughter’s Op-ed (Starting 23:17)

• Title: “My father was murdered. Alabama is about to execute the wrong man.”
• She describes Burton as frail, wheelchair-bound, and “poses no threat,” and calls nitrogen hypoxia an “untested execution method that would cause him to suffocate while conscious.”
• Describes a personal evolution—from wanting revenge as a child to now calling for mercy.
  • Notable Quote (Doug Battle’s daughter, read by Amy Robach, 25:09): “My love for my father does not require another death, especially one that defies reason. Mercy does not dishonor him. It honors the values he taught me.”
  • Burton’s reaction (Amy Robach, 25:39): “She forgave me. And I want to say how much I appreciated that. She lifts a whole lot of guilt off of me.”

10. Reflection on the Role of Victim’s Families

• Discussion (24:16): The hosts debate whether victims’ families should have veto power over executions: “When the death penalty is imposed… the family of the victim should be the one to ultimately say no. …These folks should be listened to.” (T.J. Holmes, 24:44)

11. Final Thoughts on Mercy, Policy, & Future Executions

• Notable Quote (T.J. Holmes, 26:12): “Why do we not get out of our heads that mercy can be a sign of strength? …It is an incredible strength to give someone mercy who… forever altered her life, and she can show mercy.”
• Robach and Holmes note that Burton is not being freed, but will die in prison (27:04), and also comment on Alabama’s use of nitrogen gas, raising humanitarian concerns (27:09).

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Memorable Quotes with Timestamps

• Amy Robach (06:59): “If you were a part of a crime where a murder happened... you are just as culpable according to this law as the person who actually killed the other person.”
• Governor Ivey (via Amy Robach, 10:15): “I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances.”
• T.J. Holmes (11:09): "That's simple. I mean, this is almost commonsensical… most level headed, decent folks think that's what should happen."
• DA (read by Amy Robach, 14:46): “Burton does not deserve special treatment because he is old… I firmly believe he should have faced the punishment imposed by a jury.”
• Doug Battle’s daughter (read by Amy Robach, 25:09): “Mercy does not dishonor him. It honors the values he taught me.”
• T.J. Holmes (26:12): “Mercy can be a sign of strength… It is an incredible strength to give someone mercy who… forever altered her life, and she can show mercy.”

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Timestamps for Important Segments

• 04:56 — Introduction of Burton’s case and rarity of commutations in Alabama.
• 06:59 — Explanation of felony murder laws in the US.
• 08:28 — Review of crime details and sentencing disparities.
• 09:10 — Public and victim’s family advocacy leading to commutation.
• 10:02 — Governor Ivey’s statement and rationale.
• 11:28 — Sonny Burton’s response to commutation.
• 14:46 — District Attorney’s objections to commutation.
• 23:17 — Reading and discussion of the victim’s daughter’s op-ed.
• 25:09 — Commentary on mercy, forgiveness, and justice.
• 27:09 — Discussion of nitrogen gas executions and policy moving forward.

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Tone & Language

• The hosts maintain a compassionate, questioning, and at times indignant tone—deeply engaged with the moral complexity of the case.
• They prioritize human stories: the remorse and frailty of Burton, the grief-turned-mercy of the victim’s family, and the importance of decency in justice.

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Summary Takeaway

This episode dives into the legal, ethical, and emotional complexities surrounding capital punishment for those not directly responsible for murder, using Charles “Sonny” Burton’s story as a poignant case study. It highlights changing attitudes toward justice, with moving advocacy from a victim’s own family member helping to spare a life—and prompts reflection on when the law serves justice, and when mercy is the greater strength.

Transcript

[Amy Robach]

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[Danielle Fishel]

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[T.J. Holmes]

Hey there folks. It is Wednesday, March 11. And an execution scheduled for tomorrow night has been called off for a man who has been on death row for 35 years, convicted of murder, but everybody agrees he didn't actually kill anybody. And with that welcome to this episode of Amy and TJ Robed, we should start with just how rare this is. A lot of executions get scheduled. It is rare for we have a governor to step in and commute a sentence. And this governor is in a state not necessarily known for commutations.

[Amy Robach]

That is all very true, but this case was exceptional because you mentioned, yes, Charles, Sonny Burton, by all accounts, never killed anyone. But let's take that even a step further. He never directed anyone to kill someone. He wasn't even in the same room where someone was murdered. And the person who pulled the trigger isn't on death row. All of that is just kind of head scratching. And it all rose to a fever pitch this week.

[T.J. Holmes]

And yes, so what we're talking about here, folks, the state I was talking about is Alabama. Alabama is known for, if you will, executions. They often do lead or up there in the top list every year of the number of executions that they do pull off. And Alabama, in fact, just a couple of years ago, led Texas in the number of executions they have in one year. Just to give you an idea, the governor there has only done this twice in her history. This came after a significant amount of pressure. Again, Robes, the case we're talking about here, Charles Burton is the guy's name. But this is one of those cases where someone ends up charged and convicted of murder that didn't actually kill anybody, but they were a part of a crime that led to a murder. In robes, that is the type of law that sometimes is under scrutiny, but it's on the books in a lot of places. And this is at the heart of this case.

[Amy Robach]

Yes, it's called felony murder, meaning if you were a part of a crime where a murder happened, it doesn't matter if you pulled the trigger, it doesn't matter where you were. If you were a part of a burglary or a felony, so to speak, and someone is murdered, you are just as culpable, according to this law as the person who actually killed the other person. And this is on the books. We just checked in 46 states in this country. Four states have abolished it. Interestingly, it is. They are Michigan, Ohio, Kentucky and Hawaii. Ohio, Michigan, Kentucky and Hawaii. Every other state in this country has these laws on the books.

[T.J. Holmes]

And this is what happened to Charles Burden back in 1991. Look, everybody acknowledges and admits he was a part of a robbery at an AutoZone. Six guys go in to rob this place. He is one of the six. He runs in as a part of the robbery and runs out after robbing the place. His guys, his boys are all, you know, making their way out of the store if you will. Robbery in progress. After he leaves the store and is making his escape, one of his accomplices shoots and kills a customer. He is literally the guy on Death row for 35 years has lit was literally not even in the building when the murder took place. The guy who actually did the murder ends up getting the death penalty. But I have it right, he died in prison roads. But did they not they took the death penalty back before he even died?

[Danielle Fishel]

Right.

[Amy Robach]

His sentence was commuted to life in prison, but before he died. Yes. So he was taken off death row and turns out Burton was the only member of that six person team who went in to rob that store who actually ended up on death row.

[T.J. Holmes]

So let's to for the clarity there folks, we are talking about a crime in which someone was shot and killed. The guy who shot and killed the guy, his sentence was reduced to life in prison. So why is it the guy who did not pull the trigger, why would his sentence need to be death? That is the basic breakdown of even if you're for the death penalty robes. That doesn't make sense.

[Amy Robach]

Correct. And so as you mentioned, there was mounting pressure from the community there in Alabama and not just from people who know Sonny Burton, who love Sonny Burton. No, it wasn't just family and friends. This came from the victim's own daughter. She wrote an op ed which we will get into. It was very powerful. At the end of last year, begging, literally begging the governor to not kill Charles Sonny Burton. She said it would not honor her father's memory. And so with all of that pressure and the clock ticking again, Burton's execution was scheduled for Thursday yesterday. And this was surprising, just even that it was so early. The timing of it usually govern wait until the 11th hour to the last moment. Governor K. Ivey decided to come out on Tuesday and commute his sentence.

[T.J. Holmes]

If she knew her answer already, why wait? And why make him wait? That's me. I don't know if that played into it, but from a human standpoint that was a little bit of humanity I would say. She offered him his family and his

[Amy Robach]

supporters and she actually released a statement and it was, it was very telling and I thought it was very well said and it was certainly appreciated by Sonny Burton. But this is what the governor announced yesterday. Doug Battle, that's the victim in this case. Doug Battle was brutally murdered by Derek debruce while shopping in an auto parts store. But debruce was ultimately sentenced to life without parole. Charles Burton did not shoot the victim, did not direct the triggerman to shoot the victim, and had already left the store by the time the shooting occurred. Yet Mr. Burton was set to be executed while Debruce was allowed to live out his life in prison. I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances. I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not.

[T.J. Holmes]

That's simple. I mean, this is almost commonsensical in. I mean, it just is. I, I don't necessarily hear that much of a drum beat. We have the, the DA who didn't agree with it. We'll hear those comments. But Rose, I mean, generally speaking, though, most level headed, decent folks think that's what should happen.

[Amy Robach]

I can't imagine that somebody, well, other than the D A, which, yes, we will get into, would think otherwise. And to that point, there was a petition on Monday that folks delivered to the governor with more than 60,000 signatures from the state of Alabama asking for her to commute his sentence. And they actually even had a demonstration. They walked from the governor's mansion to the state capitol about a mile and a half to try and just create these images of solidarity to put the pressure on the governor to do the right thing. And so she did. And I actually really loved. We got to hear directly from Sonny Burton, via his attorney, his reaction to the governor's commutation. He said this to Governor and about Governor Ivey. She has proven to the people of Alabama and the world that she is a responsible governor. And I thank her. Just saying thank you doesn't seem like much, but it's what I can give her. And I do thank her. Thank you, Governor.

[T.J. Holmes]

Well, there is value still, right? And somebody's like, what is he, 75 now?

[Amy Robach]

75, right.

[T.J. Holmes]

So with doing that math, he was around 40 or so when the crime took place. I mean, there's, there's, there are people around him, there are family members and someone even in that jail maybe that he's having an impression. He is. His life is worth something to somebody. And I know he's being punished for his crying. It's, it's one of these weird stories. We cover a lot of these death penalty stories and some of them Have. Excuse me, robes. It seems like almost the majority of have some kinds of extenuating circumstance that makes you. When you take it all into context, you don't. It's not just guilt or innocence, death or life. There's so much just like this case, babe, if you convicted murderer for a robbery that resulted in a death, he sounds like the worst dude ever. But in that group, sweetheart, he didn't go in there trying to kill somebody.

[Amy Robach]

No. And he's. I mean, there are lots of folks who were around that time who said he actually was like, no one gets hurt. No one gets hurt. He was not a violent person. So, yes, when we cover these cases, a lot of times we're not often times talking about these premeditated evil murders. And yes, that is sometimes what we see in death row cases, but a lot of times it is these stupid mistakes that people make when they're committing another crime. Someone dies. Not that you shouldn't have to pay for it, but you start to actually examine what happened leading up to the murders. And oftentimes it's not what you would imagine in a death penalty case.

[T.J. Holmes]

Look, it's what the law says is allowed. But is that what it should be? I don't know. I don't know.

[Amy Robach]

Well, it was interesting to hear from the DA because you heard the governor's words, you heard directly from Sunny Burton, and you will hear from the victim's daughter here. But the DA was perhaps the one person who just. He dug in. He. He.

[T.J. Holmes]

We always see this sometimes when. When evidence is presented of someone's innocence, the DA will still stand by and the police will still stand by because they don't want their work being questioned. And this is just. This is all this is.

[Amy Robach]

Yeah. So this is what the DA had to say following the governor's decision. There has never been any doubt that Sonny Burton has Douglas Battles blood on his hands. Burton does not deserve special treatment because he is old. He could have been executed a long time ago. But like many death row inmates, he chose to drag out his case through endless frivolous appeals. I firmly believe that he should have faced the punishment imposed by a jury of his pe. Upheld by numerous judges. Damn.

[T.J. Holmes]

I don't know. I. All that case. It's cases it's been upheld. All that stuff does. It is true. But wow. We applied a little decency into our justice system. I'm okay with that.

[Amy Robach]

Yeah. And I think he was implying that somehow the reason why Burton was being. Or his death sentence was being commuted to life in prison. Was because he is old. That's not the case at all. And so he, I think, was conflating. He was trying to act as if that was the reason why the governor made her decision. And clearly it was not.

[T.J. Holmes]

Yeah, he's getting special treatment.

[Amy Robach]

Okay. Okay. All right. When we come back, this will leave you with, I think, just some, some hope and some recognition that there is beauty and decency in this world. We're going to read you some of the most powerful excerpts from the op ed that Doug Battle's daughter wrote to the governor. It's a new year and time to get back to feeling like yourself. If losing weight is one of your 2026 goals and you're ready to make progress, you can count on weight loss by hers might be the right fit for you. With hers, reaching your weight loss goals doesn't have to mean completely changing your life. If prescribed, your plan is personalized with options like oral medication kits or GLP1 injectables. Feel like your best self again. Visit forhers.com amy to get a personalized, affordable plan that gets you. That's F-O-R-H-E-R-S.com amy for hers.com amy Weight loss by hers is not available everywhere. Compounded drug products are not approved or evaluated for safety, effectiveness or quality by the fda. Prescription required. See website for full details, important safety information and restrictions. Actual price depends on product and plan purchased.

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[Amy Robach]

Welcome back everyone, to this episode of Amy and TJ where we are talking about a really remarkable situation that happened in the state of Alabama. You don't see this every day, but Charles son Burton on death row. His sentence was commuted by Governor K Ivey. After taking a look at the situation. There had been a drumbeat, a groundswell of support for Burton, because when you look at the facts of the case, this was someone was murdered in the commission of a burglary that he was a part of. He was not the person who pulled the trigger. In fact, he wasn't even in the building when his cohort shot Doug Battle in the back. A customer who was lying on the ground in the middle of this robbery and the man who pulled the trigger got a life sentence. His death sentence was commuted to life in prison. In fact, no one was executed for the murder except for Burton, who was scheduled to die by nitrogen gas tomorrow. The governor stepped in and made a decision to commute his sentence to life in prison. This all came after an op ed from Doug Battle's daughter. She wrote this at the end of last year, actually, and it's a powerful letter. We've seen letters like this be written and they're not always considered. We've certainly seen that in other cases

[T.J. Holmes]

and don't know for sure if the governor read it or considered it, but it probably Made its way, yes.

[Amy Robach]

And her title was powerful just from the start. My father was murdered. Alabama is about to execute the wrong man, she goes on to say. Today, Mr. Burden is 75 years old, wheelchair bound and in poor health, suffering from severe rheumatoid arthritis. He is frail and poses no threat. Yet Alabama plans to execute him using nitrogen hypoxia, an untested execution method that would cause him to suffocate while conscious. It's interesting, she goes on to say, when she was a child, she was nine, by the way, when her father was murdered, she wanted to see these men die. But that changed as she got older.

[T.J. Holmes]

And, yeah, if justice had been, I guess, rendered immediately, we never would have had 35 years of people to grow up, to come around to understand the case a little differently, understand the law a little differently, and maybe just to soften their hearts. I don't know. It was the time. Good for justice or bad for justice? Depends on which side you're on.

[Amy Robach]

That's a really, really good point. It's so interesting how what you think about something or how you feel about a situation can drastically change over time. And we have, we have seen this, we have talked about this, and she expresses this in this letter, how frustrated she was because she said she was told by the Attorney General's office that she had no say, no say in what happened. And we've seen that with victims families not having any say in the punishment.

[T.J. Holmes]

I don't know if she did this time at all. But I will continue to be an advocate for that law. When the death penalty is on the table, when the death penalty is imposed, I guess by a jury, I think yes, the family of the victim should be the one to ultimately say no. They shouldn't be able to say, yes, I want somebody killed, but you should be able to say no. And this is one of those, these folks should be listened to.

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Yes.

[Amy Robach]

Like almost in a sense, giving the victim's family veto power to a death sentence. She said, I am a victim's family member. My voice should matter. Her final paragraph was the one that I hope will leave everybody with a yes, a hopeful feeling. My love for my father does not require another death, especially one that defies reason. Mercy does not dishonor him. It honors the values he taught me. I asked Governor K. Ivey to review this case and commute Charles Burton's sentence.

[Danielle Fishel]

Sentence.

[Amy Robach]

If she cannot, I ask her to do something the state has never done. Explain honestly and directly why Alabama believes this execution is necessary. I have been Waiting for answers since I was nine years old. And just writing that. Writing that op ed in the paper reached Burton, and he reacted to it, saying, she forgave me. And I want to say how much I appreciated that. She lifts a whole lot of guilt. Guilt off of me. It has been remarkable to see victims families offer grace.

[T.J. Holmes]

Yeah. Because they need peace. And that's usually what comes out of it. What does it serve? Whose memory does it serve to kill somebody else ever and again? People think justice. And I know there are death penalty advocates out there, but she. The most important word there and when we don't hear a lot, man, is mercy. Why do we not get out of our heads that mercy can be a sign of strength? For whatever reason, if you show mercy, you're. You're a weakling. Even weak on crime, folks will get accused of. It's okay. It is an incredible strength to give someone mercy who is certainly someone who's harmed you. God forever altered her life, and she can show mercy. Come on, y'.

[Amy Robach]

All. That's remarkable. And look, it's. It's not as if he's walking out of prison. He will continue to serve the rest of his life behind bars. He's gonna die there being punished.

[T.J. Holmes]

Yeah.

[Amy Robach]

He's gonna die there for the crime. Yes. He's just not going to die by

[T.J. Holmes]

nitrogen gas tomorrow, which is Alabama's new thing. First state to ever start using that. I think their past six or seven executions have been with this nitrogen gas. And quite frankly, we have heard some ugly reports out of what happens when people are executed with this stuff, but they continue to use it. But it is not happening tomorrow. This one at least. Meanwhile, there's another one scheduled for tomorrow in Texas, I do believe, and then another two scheduled for this month in Florida. So there are more on the way. Robes and more will be added to the roles. And I'm sure, just like last year, Desantis down there, he signed any death warrant they put in front of him.

[Amy Robach]

Yeah. He is trying to get the more than 250 people, I believe, on death row. He's trying to bring those numbers down, and he's certainly going at it. So, yes, there already will be. How many? I guess it was three last month, and he's already got two more this month. So we'll, of course, continue to follow all of the developments, but this was. This was a moment that was worth noting, and we hope you got something out of it. Thank you for listening to us as always. I'm Amy Robach alongside T.J. holmes. We will have morning run up for you very soon, so watch out for that.

[T.J. Holmes]

Foreign.

[Danielle Fishel]

This is Chelsea Handler from Dear Chelsea after the Big Game. Like most people, I kept thinking about the commercials, and there was one that stayed with me. It was from the Blue Square Alliance Against Hate, and it wasn't loud or flashy. It showed a Jewish kid being targeted

[Amy Robach]

at school and another student who chose

[Danielle Fishel]

not to ignore it. As someone who is Jewish, that moment felt very real to me. Not dramatic, just familiar. And what struck me was how clearly it showed that hate doesn't always announce itself, but the impact is still huge. If you saw the Blue Square spot during the Big Game, it's worth thinking about.

[Amy Robach]

And if you want to show support,

[Danielle Fishel]

sharing the Blue Square is one small

[Amy Robach]

way to do that.

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[Amy Robach]

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[Sponsor/Ad Voice]

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[Amy Robach]

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[Danielle Fishel]

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[T.J. Holmes]

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[Amy Robach]

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[Danielle Fishel]

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[Amy Robach]

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[Danielle Fishel]

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[Amy Robach]

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[Danielle Fishel]

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[Amy Robach]

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