Lawyers conferred with Judge Christopher Hughes, and within minutes, the evidence hearing for Markale Hart was delayed.
Hart is accused of shooting and killing former football player Jakell Mitchell at the Tiger Lodge apartment complex on Dec. 14, 2014. He was indicted for murder in October 2015.
Jerry Blevins, Hart's attorney, said not all of the subpoenas were served, so the witnesses were not present. He also said Hart was not present because he is in a prison near Huntsville, and in Lee County the defense has to file a motion for an inmate to be transported.
"Had he been transported, the hearing still couldn't have proceeded because the witnesses are not here," Blevins said.
Blevins said he still plans to argue Hart shot Mitchell in self-defense.
"We think it's a clear case where the court should and will grant Mr. Hart from prosecution," Blevins said. "This is what's known as Stand Your Ground law. There are going to be multiple eyewitnesses who will testify that Mr. Mitchell pointed the gun, fired the first shot and then was shot in self-defense."
Blevins said four witnesses, including Hart, will testify. It is unclear whether the three witnesses are friends with Mitchell or Hart, according to Blevins.
He said Jakell got in an argument with Hart's cousin, Tyrone Rowe, and Hart was trying to remove Rowe from the situation.
"My client took Mr. Rowe downstairs to leave the premises," Blevins said. "Mr. Mitchell followed downstairs, armed with a weapon, confronted Mr. Rowe and my client in the parking lot, pointed the weapon at Mr. Rowe and my client and fired the first shot."
Mario Mitchell, Jakell Mitchell's father, said his family is trying to move forward.
"We just pray a lot, and we don't talk about it a lot," Mario said. "We just want the process to get started so we can continue on going with our lives ... As far as Jakell, his memory will always live on."
Mario said it has been difficult on his family, but they are trying to trust the process.
"We're expecting justice, and nothing less than that," Mario said.
An attorney must prove probable cause in a self-defense case. If the judge determines there is probable cause, then the case will be dismissed.
The hearing is scheduled for May 31, at 2 p.m.
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