Alabama Governor Kay Ivey commuted the death sentence of 75-year-old Charles “Sonny” Burton to life without parole, even though he was not present when the murder he was sentenced for occurred.

Burton had been condemned for the 1991 shooting death of Doug Battle during a store robbery, but another man, Derrick DeBruce, fired the fatal shots after Burton had left.

Ivey said it would be unfair to execute Burton while the actual killer remained alive, emphasizing that the death penalty must be applied fairly.

Burton’s case drew national attention, with advocates and even the victim’s daughter, Tori Battle, urging clemency, The Guardian has reported.

He was set to be executed by nitrogen gas, marking one of 83 executions Alabama has carried out since 1976.