By Elise Hammond, CNN
(CNN) — Charles Burton may just have days left to live. And though he has spent the last three decades on death row, the topics of conversation on a recent phone call are light: he reminisces about growing up in Alabama, chats about how he enjoys writing letters and offers the wisdom he thinks the next generation needs to hear.
Burton, known as “Sonny” to his family and friends, is scheduled to be executed on Thursday. The 75-year-old, who now uses a wheelchair, is on death row for the murder of Douglas Battle, despite the fact he himself did not commit the fatal shooting.
“I didn’t kill no one, true enough, but I made a mistake by being part of the crime,” Burton told CNN in an interview. “I made a mistake, and it seems like all my friends have forgave me. I hope that my friends will remember me and remember that I was a real friend, a good friend.”
In August 1991, Burton and five other men robbed an AutoZone store in Talladega. One of the men, Derrick DeBruce, shot and killed Battle. Though he was not the shooter and was not in the store at the time of the killing, Burton was convicted of capital felony murder and sentenced to death by a jury in 1992.
DeBruce also received a death sentence, but it was reduced to life in prison without parole in 2014 after he successfully argued his trial lawyers were ineffective. He died in prison in 2020.
Now, as the clock ticks toward his execution date, Burton’s advocates are calling for his execution to be halted, either by the US Supreme Court or Alabama Gov. Kay Ivey, whom Burton has asked to grant him clemency and commute his sentence to life without parole.
A spokesperson for Ivey told CNN the governor “carefully considers all the findings, facts and circumstances” around all executions but at this time “has no plans to grant clemency” to Burton.
“Over the past 33 years, his conviction and sentence has been reviewed at least nine times, and no court has found any reason to overturn the jury’s decision,” Gina Maiola, the spokesperson, said.
The victim’s daughter – identified as Tori in Burton’s clemency petition – and some of the jurors in Burton’s case have backed his request for commutation. In a letter to Ivey, Tori wrote that her father “was strong, but he valued peace. He did not believe in revenge. And in that way, I am very much his daughter.”
“I do not see how this execution will contribute to my healing. And it disturbs me to think of a man who is now elderly, being executed, who if he had a better lawyer, probably never would have ended up on death row,” she wrote.
Cases like Burton’s — in which the non-shooter receives a death sentence under a felony murder statute — are “exceedingly rare,” according to Elizabeth Vartkessian, the executive director of nonprofit Advancing Real Change. It’s even more rare that they are executed, she said, because similar scenarios are not usually prosecuted as capital crimes.
Alabama Attorney General Steve Marshall has also stood by Burton’s conviction and death sentence and opposed several appeals by the inmate’s legal team.
“That conviction and sentence have been upheld at every level,” an attorney general spokesperson told CNN.
Burton branded as robbery’s ‘ringleader’
In August 1991, Burton and five other men piled into two cars and drove to Talladega, according to court documents. They parked one vehicle at a nearby carwash and headed to their target: an AutoZone.
Inside, Burton purchased some items and went to the bathroom, court records say. Then, DeBruce pulled out his gun and told everyone in the store to get on the floor.
Burton took an e