OPELIKA, Ala. (AP) – A judge has denied immunity to a man who tried using Alabama’s “stand your ground” law to avoid prosecution in the death of an Auburn University football player.
Lee County Circuit Court Judge Christopher Hughes issued an order Monday denying 24-year-old Markale Hart immunity from prosecution.
Authorities have said 18-year-old Jakell Mitchell was shot after an argument outside a party at an apartment complex in December 2014.
Hart was on probation for a burglary conviction at the time and said he fired in self-defense.
Hughes says Hart isn’t entitled to immunity because he’s prohibited from carrying weapons as a convicted felon and it doesn’t appear that he acted in self-defense.
Two other football players and a third man also were fatally shot during an argument at the same apartment complex in 2012.