The accused shooter of an Auburn football player in December 2014 was denied immunity under Alabama’s “Stand Your Ground” law, a court ordered Tuesday.
The Lee County Circuit Court judge ordered Markale Hart could not use the “stand your ground” law as a defense to get immunity in the shooting death of Auburn football player Jakell Mitchell. The court ruled Hart was not entitled to immunity because he was prohibited from owning and operating a gun because he was a convicted felon.
The judge ruled Hart would not have met the burden of proof for the stand your ground law even if he was allowed to carry the weapon.
In December 2014, Mitchell was shot outside an apartment complex following a party, according to Lee County officials. The two allegedly exchanged fire after an argument broke out over Hart’s cousin liking a photo of Mitchell’s girlfriend on Instagram. There is a dispute over who fired first and what happened that evening that led to the shooting.
The trial date has not been scheduled yet.