William Ben Darby had been incarcerated at Limestone Correctional Facility since a Madison County jury convicted him of murder in 2021. An appeals court reversed the jury’s verdict March 24, finding that trial judge erred in instructing the jury.
March 24, finding that trial judge Donna Pate erred in instructing the jury.
While on duty, Darby shot and killed a Huntsville man after responding to a call. Darby’s attorneys have claimed Darby fired in defense of himself and other officers at the scene.The shooting occurred on April 3, 2018. Darby was among the responding officers to a call involving Jeffrey Parker, who was threatening to shoot himself.
Madison County District Attorney Rob Broussard has said the state will try the case against Darby again. The appeals court ruled that Judge Pate erred in declining to give the jury the following instruction requested by Darby’s attorneys: “The reasonableness of an officer’s actions in using deadly force must be objectively reasonable judged from the perspective of a reasonable officer on the scene, the fact that officers are forced to make split-second decisions, and in light of the facts and circumstances confronting them at the time.
In their opinion, the appeals court judges wrote, “Although the trial court was not required to use the precise language in Darby’s requested instruction, the court erred by refusing to instruct the jury, in some fashion, that it must evaluate Darby’s use of deadly force from the perspective of a reasonable police officer in the same situation.”If you purchase a product or register for an account through one of the links on our site, we may receive compensation.
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