Markale Hart, the man accused of fatally shooting Auburn H-Back Jakell Mitchell, will be going to trial after Lee County Circuit Judge Christopher Hughes ruled against his lawyer's request for immunity from prosecution.
Hart is accused of killing Mitchell in a November 2015 altercation at the Tiger Lodge apartment complex. Hart pleaded not guilty and said he shot Mitchell in self defense.
At a hearing in Hughes' courtroom May 31, Hart's attorney Jerry Blevins argued that Hart had no choice but to shoot Mitchell. He said Hart should be given immunity for self defense under Alabama's Stand Your Ground law.
Hughes denied Hart's motion for immunity from prosecution. Now, Hart must stand trial. Hughes has not set a date for the beginning of the trial.
"Hart is not entitled to immunity both because (1) the deadly force applied was unlawful where he, a convicted felon, took possession of a firearm before imminently necessary, and (2) the totality of the facts do not demonstrate that Hart acted in self-defense," Hart wrote in his ruling.
In his testimony in May, Hart said he arrived at the party with his cousin Tyrone Rowe. He later lost row inside the apartment, according to the reports.
When he found him, Rowe was in an argument with Mitchell outside of the unit and immediately tried to get Rowe downstairs to leave the complex. That's when a friend of Hart's, known as "Big D," handed Hart a .40-caliber pistol downstairs and told Hart there were guys who were going to kill them.
Hart said he took the gun from his friend without asking questions and continued to Rowe's car. When he looked back, he said he saw Mitchell "swiftly" walking toward them with a .45-caliber Glock in his right hand.
Hart testified that Mitchell pointed the gun at Rowe's chest and head area from about 8-9 feet away and told Mitchell to not shoot. According to Hart's testimony, Mitchell fired multiple shots at Hart, who retreated as he pulled out his weapon and began returning fire.
Hart said he saw Mitchell fall to the ground after firing shot before continuing to exchange fire with him.
"I ain't have no other choice, that's the only choice I had," Hart said during his testimony in May.
Hart expressed remorse during the testimony. "I'm very sorry that he lost his life," Hart said. "I ain't never wanted to kill nobody. I ain't go there planning to kill nobody."
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