HUNTSVILLE, Ala. — An Alabama decide has rejected a former police officer’s declare that he needs to be immune beneath self-defense legal guidelines from a brand new trial on homicide costs.
William “Ben” Darby, whose 2021 homicide conviction was overturned in March by the Alabama Court of Criminal Appeals, had requested for a listening to to find out whether or not Alabama’s “stand your ground” legislation ought to defend the previous Huntsville officer from a second trial.
Madison County Circuit Judge Alan Mann dominated in opposition to the movement Tuesday with out elaborating.
Darby was on responsibility in 2018 when he shot and killed Jeffrey Parker, who was holding a gun to his personal head. Parker had phoned 911 saying he was armed and deliberate to kill himself.
Darby was sentenced to 25 years in jail after a jury convicted him.
A distinct decide dominated Darby was not immune beneath self-defense guidelines earlier than the unique trial. But his attorneys stated that ruling must be reconsidered after the appeals courtroom dominated the trial decide ought to have given jurors totally different directions on evaluating the reasonableness of Darby’s use of lethal power in that scenario.
“If the trial court applied the wrong self-defense standard at trial, then the trial court presumably applied the wrong standard at the immunity hearing, too,” attorneys Robert Tuten and Nick Lough argued of their April 13 movement.
Darby’s protection attorneys have maintained the taking pictures was justified as a result of he feared Parker would hurt officers. Alabama’s self-defense legislation says officers are justified in utilizing lethal bodily power after they imagine it essential to defend themselves or others from what they moderately imagine “to be the use or imminent use of deadly physical force.”
Trial testimony indicated Darby shot Parker, who was sitting on a settee holding a gun to his head, inside seconds of getting into the house. Another officer had been talking with Parker making an attempt to persuade him to not kill himself, in line with trial testimony. She and a 3rd officer on the scene testified at trial that they didn’t understand Parker to be an imminent menace, though he was holding a gun.
It would later be decided that Parker was truly holding a flare gun that had been painted black however there isn’t any proof indicating that any of the officers knew that, the appellate courtroom wrote.
Video from Darby’s physique digicam confirmed the officer entered the house and instructed Parker to place the gun down earlier than taking pictures.
Darby was launched from jail April 13 and is scheduled to be retried Dec. 11.
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