“I firmly believe that the death penalty is just punishment for society’s most heinous offenders, as shown by the 25 executions I have presided over as governor,” Ivey wrote. “In order to ensure the continued viability of the death penalty, however, I also believe that a government’s most consequential action must be administered fairly and proportionately.”

Ivey noted that Derrick DeBruce, who was convicted of pulling the trigger in Battle’s killing, is serving life without parole.

DeBruce was originally given the death penalty, as well, but later saw it commuted.

“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,” Ivey’s letter said. “Yet Mr. Burton was set to be executed while DeBruce was allowed to live out his life in prison.”