Supreme Court rebuffs Alabama officer charged with murder

Law Reviews

The Alabama Supreme Court refused Friday to intervene on behalf of a Huntsville police officer charged with murder in a 2018 shooting, sending the case back to circuit court for a potential trial.

The justices turned away an appeal by officer William “Ben” Darby in a brief ruling without explanation.

Darby was on duty when he shot and killed Jeffrey Parker, 49, on April 3, 2018. Darby contended he was acting in self-defense and shouldn’t be prosecuted, but the court refused to overturn a lower court’s refusal.

The decision means the case against Darby can continue in Madison County.

Parker called authorities threatening to kill himself with a gun, police said. Darby was one of three officers who responded and shot Parker when the man wouldn’t drop his weapon, authorities said.

An internal police review board cleared Darby of wrongdoing, but grand jurors later indicted him.

During a hearing on Darby’s claim of immunity, Darby testified he fired his weapon after Parker refused his commands to lower a gun from his own head. The defense argued Darby’s actions were to protect a fellow officer, Genisha Pegues, who was talking to Parker.

He dismissed the accusations as an "absurd" attempt by his ex-protege, current President Sooronbai Jeenbekov, to silence a critical voice. Shortly before his arrest, Atambayev urged his supporters to push for Jeenbekov's ouster.

Atambayev's supporters foiled the first attempt by police to arrest him Wednesday, but police managed to overcome their resistance the following day with water cannons, stun grenades and tear gas.

Police also dispersed over 1,000 Atambayev supporters who rallied in the capital late Thursday and attempted to break into the parliament building, arresting about 40 people.

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Nicholas C. Minshew - Minshew & Ahluwalia LLP

Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.