HUNTSVILLE, Ala. – Almost two weeks after Huntsville Police Division officer Ben Darby was convicted of homicide he stays on paid depart from the Metropolis of Huntsville.
Information 19 has requested Huntsville officers a number of instances when town’s disciplinary course of – obligatory for terminating an worker – will happen. Metropolis officers stated once more Wednesday that no listening to date has been set.
Huntsville didn’t reply to questions on why the listening to hasn’t been set, if Police Chief Mark McMurray had requested Darby’s termination and whether or not town was ready till Darby’s sentencing listening to, and even the exhaustion of his appeals course of, earlier than eradicating him from town payroll.
Darby, 28, was convicted Might 7 of homicide within the April 2018 on-duty capturing demise of Jeffery Parker at Parker’s house on Deramus Avenue. Parker had referred to as 911 and informed the dispatcher he deliberate to shoot himself.
Darby, the third officer on the scene, was inside Parker’s house for 11 seconds — and requested Parker a number of instances to drop the gun he was pointing at his personal head — earlier than fatally capturing Parker with a shotgun. The Huntsville Police Division cleared Darby within the capturing a few month after the incident, however he was indicted by a Madison County grand jury in August 2018.
Following that indictment in August 2018, Huntsville Mayor Tommy Battle urged town council in to assist pay for Darby’s protection. The council agreed to pay as much as $75,000 and later, after the protection requested for an extra $25,000, voted to cap its assist of Darby at $125,000.
In Alabama, a court-appointed lawyer defending a homicide case can’t obtain greater than $4,000 complete, with no exceptions.
Information 19 has requested the Metropolis of Huntsville a number of instances how a lot it has spent on Darby’s protection. A metropolis spokesperson stated Wednesday they have been nonetheless ready for billing from Darby’s attorneys. It stays unclear if town had already written a verify for $75,000 early on within the case, after the preliminary council vote.
Darby’s homicide trial lasted every week. Jurors deliberated about six hours over two days earlier than convicting Darby. The protection had argued the armed Parker was a risk to Darby and different officers on the scene. The prosecution contended Parker was not aggressive and didn’t represent an imminent risk to Darby.
Darby’s legal professionals have vowed to enchantment the decision. Madison County Circuit Choose Donna Pate ordered a pre-sentencing investigation and allowed as much as six weeks for that course of to be accomplished. Choose Pate hasn’t set a sentencing date but. Darby faces a sentence between 20 years to life in jail for the homicide conviction.
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