An Alabama judge has rejected a former police officer’s claim that he should be immune under self-defense laws from a new trial on murder charges.
William "Ben" Darby, whose 2021 murder conviction was overturned in March by the Alabama Court of Criminal Appeals, had asked for a hearing to determine whether Alabama's "stand your ground" law should shield the former Huntsville officer from a second trial.
Madison County Circuit Judge Alan Mann ruled against the motion Tuesday without elaborating.
Darby was on duty in 2018 when he shot and killed Jeffrey Parker, who was holding a gun to his own head. Parker had phoned 911 saying he was armed and planned to kill himself.
Darby was sentenced to 25 years in prison after a jury convicted him.
A different judge ruled Darby was not immune under self-defense rules before the original trial. But his lawyers said that ruling needs to be reconsidered after the appeals court ruled the trial judge should have given jurors different instructions on evaluating the reasonableness of...