MONTGOMERY, Ala. (AP) — Alabama Gov. Kay Ivey on Tuesday commuted the death sentence of a 75-year-old inmate who was set to be executed this week even though he was not in the building when the victim was killed.

Ivey reduced Charles “Sonny” Burton’s sentence to life in prison without possibility of parole. Burton was sentenced to death for the shooting death of Doug Battle during a 1991 robbery. However, another man shot Battle when Burton had left the building. The shooter’s death sentence was later reduced on appeal to life imprisonment.

“I cannot proceed in good conscience with the execution of Mr. Burton under such disparate circumstances. I believe it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not,” the Republican governor said in a statement.