Markale Hart took the stand for the first time yesterday since being charged with fatally shooting Auburn H-back Jakell Mitchell in 2014 at an Auburn apartment complex, according to reports.
Hart pleaded not guilty in November 2015 to Mitchell's murder. He has claimed he acted in self-defense in the fatal shooting at Tiger Lodge at Auburn apartment complex.
The trial, that began on Tuesday, will determine whether charges could be dismissed based on Alabama's Stand Your Ground law.
Testimonies were heard from Hart; detective Williams Holt of the Auburn Police Department, who oversaw the investigation; Malik Butler, Mitchell's cousin who was at the part at Tiger Lodge that night and helped move Mitchell from the parking lot to a car following the shooting; Tyrone Rowe, Hart's cousin who was involved in an argument with Mitchell that preceded the shooting; Devonte Pogue, another cousin of Hart's who was at the scene; Davonte Mitchell, a friend of Hart who was also at Tiger Lodge that evening; Alexis Frazier, a friend of Jakell Mitchell's who was with him at the party at Tiger Lodge; and Ayanna Huguley, Mitchell's longtime girlfriend who was also at Tiger Lodge that night.
Six of the witnesses were called by the defense, which sought to prove that Hart shot Mitchell in an act of self-defense.
Hart's testimony claimed he arrived at the party with Rowe that night before losing Rowe 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 — eventually striking Mitchell five times.Hart said he saw Mitchell fall to the ground 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.
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."
Lee County Circuit Court Judge Christopher Hughes did not give either side a timetable for a decision on the immunity hearing, according to Blevins. But he said he expects to find out a decision in the next week or two.
Blevins said he believes this is the third such immunity hearing in the state of Alabama and believes that the other two times were both successful for the defense.
While immunity hearings are not explicitly granted in Alabama's Stand Your Ground law, there is a bill in the Alabama House of Representatives that would both expedite and simplify the process.
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