HUNTSVILLE, Ala. — William Darby, the former Huntsville police officer who was convicted last year of the 2018 shooting death of Jeffery Parker, has had his conviction reversed by the Alabama Court of Criminal Appeals. Darby was charged with murder after the shooting of Parker.
The shooting was recorded by police body cameras. Darby shot Parker, who was sitting on a sofa holding a gun to his head, within seconds of entering the home. Another officer had been speaking with Parker trying to convince him not to kill himself, according to trial testimony. It was eventually revealed Parker had been holding a flare gun.
Darby had faced a penalty of 25 years following the jury's conviction.
In our original reporting of Darby's conviction, defense attorney Robert Tuten said he was certain the verdict would eventually be reversed.
"The jury got it wrong. They made a mistake," said Tuten.
Mayor Tommy Battle disagreed with the jury's verdict, saying at the time, "Officer Darby followed the appropriate safety protocols in his response on the scene. He was doing what he was trained to do in the line of duty."
Darby had the continued support of the police department and the Fraternal Order of Police during the appeals process.
Last November, the appeals court heard two questions from the defense:
- Did the circuit court's disabling of video in the spectator room deny Darby of his Sixth Amendment right to a public trial?
- Did the court improperly refuse Darby's request for instructions on the "law applicable to a jury's consideration of an officer-involved shooting in the context of a self-defense claim?
In Friday's ruling, the court statement overturning the conviction said, in part:
"We conclude that the trial court's refusal to give one of the requested instructions was reversible error, and we remand the case for a new trial on that basis.
"In cases where there is evidence to support a defendant police officer's claim that he used deadly force in self-defense, the trial court should instruct the jury to evaluate the defendant's actions from the perspective of a reasonable police officer in the same situation."
The City of Huntsville on Friday released a statement regarding the reversal:
The City of Huntsville believed there were serious errors in the Darby trial. We are grateful for the opinion of the Court of Criminal Appeals which validates those concerns. We remain committed to the judicial process and confident in that process.
Darby has maintained he was an "asset, not a liability" to the community during his trial. He said shortly before his sentencing that he "would wake up in the middle of the night in a cold sweat," replaying the incident repeatedly in his mind.
Madison County District Attorney Rob Broussard told news outlets that they will prosecute the case again.
“We have the evidence and certainly we’ll put it before a jury again,” Broussard said.
Tuten maintains Darby acted correctly. “I’ve been very impressed with Ben’s confidence. He knew he was right. He knew he followed the law as he had been trained to do," Tuten said.
The Associated Press contributed to this report.