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Author Topic: Markale Hart will stand trial for murder of former Auburn H-back Jakell Mitchell  (Read 101 times)

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jbcarol

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https://twitter.com/Tomas_Verde/status/747831783727632389

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Lee County Circuit Court Judge Christopher Hughes ruled that Hart was not entitled to immunity from trial under Alabama's Stand Your Ground law. Hart is charged with shooting and killing Mitchell on Dec. 14, 2014 at an off-campus apartment complex in Auburn.

"Hart, a convicted felon, engaged in an unlawful activity when he possessed a firearm before it became necessary to do so," Hughes said in his ruling. "Therefore, he had a duty to retreat and did not. That being the case, he is not entitled to immunity."

"I ain't have no other choice; that's the only choice I had," Hart said of the shooting during his testimony.

The Camp Hill native claimed that Mitchell was the aggressor in the altercation that led to his shooting death that night, and that Hart was only acting in self-defense after trying to leave the party. Hart said he was handed a .40-caliber pistol by a friend known only as "Big D," who told him that there were guys who were going to kill them.

Hart said he took the gun without question and proceeded to attempt to leave the premises. When he looked back, he said he saw Mitchell "swiftly" walking toward him and his cousin, Tyrone Rowe, with a .45-caliber Glock in his right hand. According to his testimony, Hart said that Mitchell raised the gun and pointed it toward Rowe's chest from about 8-9 feet away as Hart told him not to shoot. Hart said that Mitchell then fired multiple shots at him as he retreated and pulled out the .40-caliber pistol, returning fire and eventually striking Mitchell five times.

While Hart has admitted to firing the shots that killed Mitchell, he has also expressed remorse for what unfolded that night, saying he never had intentions of shooting Mitchell until Mitchell allegedly pointed and fired at him first.
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jbcarol

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 AL.com sports‏Verified account @aldotcomSports 3h3 hours ago

Man charged with murder of Auburn football player has unrelated arraignment on gun, DUI scheduled  https://trib.al/VixgHJi


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The man charged with the murder of former Auburn football player Jakell Mitchell has an arraignment for unrelated charges of possessing a gun and DUI in Tallapoosa County scheduled in circuit court.

The case against Markale Hart for a felony gun charge and driving under the influence stemming from his arrest in Dadeville on Feb. 26, while he was out on bond for the murder charge, has been moved from district court to circuit court, where an arraignment is scheduled for 9 a.m. Oct. 19 before judge Steven Perryman.

Hart, whose murder trial in Lee County is scheduled for Dec. 4, faces charges for illegal possession of a firearm, a felony, open container, a misdemeanor, DUI and improper lane change, according to court records, which show the charge for receiving stolen property was no billed.

Hart is charged with the murder of Mitchell after a fatal shooting at the Tiger Lodge at Auburn apartment complex on Dec. 14, 2014. During an immunity hearing last year, Hart admitted to shooting Mitchell, but claimed it was in self-defense.

The murder trial, which was scheduled to begin Dec. 5 of last year, has repeatedly been delayed. It was initially continued due to a witness for the defense being unavailable, then jury selection scheduled for June 12 was delayed due to conflicts with other cases and last month it was delayed yet again due to the unavailability of a forensic expert.
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