Faith leaders, community members and the family of Sonny Burton are marching from the governor's mansion to the State Capitol in Montgomery Feb. 9 to deliver more than 60,000 petition signatures urging Gov. Kay Ivey to commute his sentence.

Charles "Sonny" Burton is 75, in a wheelchair and wears a helmet to protect himself from falls. He is scheduled to be executed Thursday for a murder he did not commit.

Burton was one of six men involved in a 1991 Talladega robbery. He had left the building before another man, Derek DeBruce, shot and killed customer Doug Battle, yet Burton was also sentenced to death.

Elena Encarnacion, investigator for the Federal Defenders for the Middle District of Alabama, said the case defies logic.

"His case is not like most death penalty cases that people hear about," Encarnacion explained. "He is not accused of ever having killed anyone. Even the state admits he never killed anyone. He was one of six men involved in a robbery."

Encarnacion pointed out Derek DeBruce was resentenced to life without parole and died in prison. She added six of the eight living jurors from Burton's 1992 trial support commuting his sentence to life without parole, and the victim's daughter has urged the governor to grant clemency.

A demonstration will be held at 7:30 a.m. outside the governor's mansion, followed by a 1.5-mile walk to the State Capitol, where Burton's three children plan to hand-deliver the petitions to the governor's office, hoping to halt the execution.

Encarnacion stressed the overwhelming public support reflects the unique circumstances of Burton's case.

"We're only asking for mercy that he not be executed," Encarnacion emphasized. "So far, we have 63,000 people who have signed this petition calling for Gov. Kay Ivey to grant Mr. Burton clemency. And we're literally getting thousands of signatures each day."

The Alabama Supreme Court in January authorized the governor to set an execution date for Burton using nitrogen gas. Ivey later said in a statement, “Although I have no current plans to grant clemency in this case, I retain my authority under the Constitution of the State of Alabama to grant a reprieve or commutation, if necessary, at any time before the execution is carried out.”

If it proceeds Thursday, Burton would be the first person put to death in Alabama this year.

Source: Public News Service