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A spirit that is not afraid

Defense to argue for immunity for Tiger Lodge shooter

<p>Markale Hart&nbsp;(contributed by the Auburn Police Division)</p>

Markale Hart (contributed by the Auburn Police Division)

Markale Hart's attorney is arguing Hart shot and killed freshman football player Jakell Mitchell in self-defense.

Hart killed Mitchell during an altercation at the Tiger Lodge apartment complex in December 2014. He was indicted by a grand jury in October 2015.

Jerry Blevins, Hart's attorney, said their defense is similar to that of George Zimmerman's in 2013.

"This is what's known as a Stand Your Ground law," Blevins said.

Blevins said four or five witnesses saw the shooting.

"Mr. Mitchell had the handgun and raised the handgun and pointed it at several people, including my client, and at that point, he was shot," Blevins said.

Blevins said if Hart is granted immunity, then the prosecution will not be able to proceed with the case.

"If we establish probable cause, then Mr. Hart will get immunity from prosecution," Blevins said.

There is an evidence hearing in the case set for April 6 at 9 a.m.


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