MONTGOMERY, Ala. (AP) — 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.

Matt Schulz, Burton’s attorney, said the case “represents an extreme outlier” among death penalty cases.

The Alabama Supreme Court in January authorized Gov. Kay Ivey to set an execution date for Burton using nitrogen gas. The victim’s daughter and multiple jurors from his 1992 trial are now urging the governor to grant clemency, arguing the case raises fundamental questions of fairness.

“We hope and pray that Governor Ivey recognizes that this case slipped through the cracks. It would be wrong to execute a man who did not even see the shooting take place, after the state agreed to resentence the shooter to life without parole, and this is simply not the kind of case most people think of when they envision the death penalty being carried out,” Schulz said.

The murder at the AutoZone

The shooting occurred Aug. 16, 1991, during a robbery at an AutoZone in Talladega.

Before they went inside, Burton, who was 40, said if anyone caused trouble in the store that he would “take care of it,” according to testimony.

DeBruce yelled for everyone to get down. Burton, also armed with a gun, forced the manager to the back to open the safe.

As the robbery ended, Battle, a 34-year-old Army veteran and father of four, entered the store. He threw his wallet down, got onto the floor and exchanged words with DeBruce. LaJuan McCants, who was 16 at the time, testified that Burton and others had left the store when DeBruce shot Battle in the back.

Afterward, Burton asked DeBruce in the getaway car why he had shot the man, McCants testified.

During closing arguments, a prosecutor argued Burton was “just as guilty as Derrick DeBruce, because he’s there to aid and assist him.” Prosecutors pointed to the statement about handling trouble as evidence that Burton was the robbery leader. However, Burton’s attorneys argued that there is only evidence that he intended to participate in a robbery, not to harm anyone.

A victim’s plea and a juror’s regret

The victim’s daughter, Tori Battle, who was 9 when her father was killed, is among those urging the governor to grant clemency, asking Ivey to “consider extending grace to Mr. Burton and granting him clemency.”

Six of the eight living jurors from the 1992 trial do not object to commutation, with three claiming they never would have recommended a death sentence had they known the shooter would receive a lesser sentence. Juror Priscilla Townsend expressed her regret, stating, “It’s absolutely not fair. You don’t execute someone who did not pull the trigger.”

The Attorney General’s office has opposed the clemency request, insisting that the death penalty was appropriately recommended by the jury.

Where the Supreme Court stands

Most people on death row were convicted of directly killing someone, but the U.S. Supreme Court allows the execution of accomplices under certain circumstances. The legal landscape surrounding this issue remains complex and controversial.

Clemency grants are rare, but past cases in other states show that similar outcomes can happen when it comes to accomplices, suggesting a potential shift in perspectives on capital punishment.

Family’s pleas for mercy

Burton, raised in a challenging environment, is described by his sister as someone who became a protector and has since deteriorated in health, forging a more humane narrative around his situation.

“He did not lay a hand on the man,” she pleaded, reflecting the deep moral concerns surrounding the impending execution of her brother.