The man accused of killing Jakell Mitchell will now face a grand jury for the charge of murder.
A preliminary hearing for Markale Hart was held in a Lee County courtroom Tuesday, Jan. 13.
Prosecutors presented enough evidence for Judge Steven T. Speakman to find probable cause to send the case to a grand jury as a murder charge.
Hart's defense attorney argued the charge should be downgraded to manslaughter when it was revealed Mitchell might have also fired a weapon in the early morning hours of Dec. 14.
During Hart's preliminary hearing, it was revealed by Auburn police detective Dustin Holt that Mitchell likely fired a gun at Hart.
Holt said during a party at the Tiger Lodge apartment complex, Tyrone Rowe, who was at the party with Hart, got into an altercation with Mitchell. Hart then opened fire on Mitchell.
Police recovered a .45 caliber handgun from the scene.
Hart's defense attorney, Jerry Blevins, asked Holt who fired the .45 caliber handgun and after objections from Abercrombie, which Speakman overruled, Holt answered.
"I believe that Mr. Mitchell was in possession of that (.45 caliber) firearm," Holt said.
Blevins said the police have withheld details to make Hart look bad.
"I'm appalled by how law enforcement has tried to manipulate details and hide [information] from the media," Blevins said. "I've never known the Auburn PD to conduct themselves like this."
Capt. Lorenza Dorsey of APD responded to Blevins.
"The Auburn Police Division's only release of information regarding Markale Hart was the announcement of his arrest on December 14, 2014," Dorsey said. "No specifics of Hart's or Mr. Mitchell's actions were released."
Dorsey said all subsequent information the media has published has been the result of information revealed in public hearings and open court proceedings.
"We have handled this case just as we have any other," Dorsey said.
Mitchell was the third Auburn football player killed at Tiger Lodge.
In 2012, Auburn football players Eric Christian and Ladarious Phillips, along with DeMario Pitts of Opelika, were killed in a shooting at Tiger Lodge, known then as University Heights.
Desmonte Leonard was found guilty of capital murder from the 2012 shooting and will be sentenced Jan. 20.
Tiger Lodge announced new security measures Dec. 18 and released a letter Dec. 29 about the formation of a resident task force to open lines of communication between residents and management.
For some residents, that is not enough.
Drake Ledet, sophomore in pre-med and a resident of Tiger Lodge, said he wants out of his lease.
Ledet said, before the shooting, he'd only seen the security guard once, sitting at the complex's clubhouse.
Ledet said he had just gotten home from work and finished eating a late dinner on the night of the shooting.
According to Ledet there were two large parties happening near his building in Tiger Lodge that night.
"The shooting happened pretty quickly," Ledet said. "I would say it was over within five or six seconds."
Ledet said he went outside to see what happened.
"I ran to the back of the apartment toward the parking lot where the shooting took place and heard screams like I have never heard before -- screams of terror," Ledet said.
Ledet said recent events at Tiger Lodge had made him feel unsafe.
Ledet claimed neighbors would stand out on their balcony waving guns in the air and would walk around the pool area with guns.
Ledet said his neighbors were robbed two days before the shooting in their own apartment when a man climbed onto the balcony and forced his way in their apartment at gunpoint.
Capt. Lorenza Dorsey confirmed a burglary and robbery was reported at Tiger Lodge Dec. 12, but no more details could be released because the incident was under investigation.
At Hart's Dec. 15 arraignment, Lee County District Attorney Robert Treese said he would look into having Tiger Lodge declared a public nuisance.
"Enough is enough," Treese said.
Ledet said when he went to the office with his roommates to ask about getting out of their lease Dec. 15, Aryne Linder, acting property manager, dismissed them out of hand.
"When we brought that up, she said, 'This conversation is over,'" Ledet said.
However, Ledet said at the residents' meeting that night, Tiger Lodge management would look at leases on a case-by-case basis.
In a letter posted on Tiger Lodge's Facebook page Dec. 17, Linder said Tiger Lodge will be making changes to their security, including hiring a new security company.
"We know this has been a very difficult time for everyone, and we want to reassure you that we are moving quickly to address issues raised by you and other residents and parents," Linder said in the letter.
Mark Evans, public relations manager for Tiger Lodge, said the apartment complex is working to improve communication between residents and management.
"We're really encouraging our residents, if you see something that concerns you, call us," Evans said. "It's kind of like, if you see something, say something."
Evans added another resident meeting will be held in February once the resident task force is in place.
Ledet said he is ready to move away.
"You try to keep yourself away from this stuff, but then it comes to you," Ledet said.
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