Huntsville AL Aug 21 2021 William Ben Darby, the Huntsville police officer convicted of murder for shooting and killing Jeff Parker, was sentenced today to 25 years in prison.

Madison County Circuit Judge Donna Pate ordered court security officers to take 28-year-old Darby to the Madison County jail from the courtroom following her ruling. Darby is not eligible for an appeal bond.

A Madison County jury on May 7 found Darby guilty of murder for shooting and killing Parker, a 49-year-old man threatening suicide, three years ago.

Prosecutors asked the judge to sentence Darby to at least 25 years in prison. Defense attorneys asked for a 20-year sentence, the minimum sentence permissible by law.

“Mr. Darby has been unwilling to admit that what he did was wrong that day,” Chief Deputy District Attorney Tim Gann told the judge during the hearing.

Darby testified at the hearing, telling Pate, “I’m asking for mercy, I’m asking for leniency.” Darby’s testimony followed a series of character witnesses including his wife, father and pastor.

Darby said after the shooting, he couldn’t sleep well and that he would see Parker’s face.

“I believe it is evident I didn’t want to kill him,” he said.

Defense attorney Robert Tuten tells the judge Parker’s death was a tragedy but says Parker is partially responsible, didn’t put down his gun.

“If he needed help, all he needed to do was drop his gun,” Tuten said.

Darby remained on the Huntsville city payroll for more than two months after his conviction, until he resigned in late July.

The case has divided city and county leaders from the beginning. Huntsville Mayor Tommy Battle and police Chief Mark McMurray defended Darby, saying the shooting was justified and that the officer followed police department policy.

At Battle’s urging, the Huntsville City Council voted to spend up to $125,000 in public money for Darby’s criminal defense. In 2018, when approving the first $75,000 in support, the city resolution said Darby’s shooting was “within the line and scope of his duty.” The council voted without seeing the bodycam footage.

Madison County District Attorney Rob Broussard’s office saw the case differently. After Darby’s conviction, Broussard said the evidence “was off the charts. He was not justified in any way.”

Darby was on duty the afternoon of April 3, 2018 when Parker called 911 and said that he was armed and suicidal.

When the first two officers got to Parker’s west Huntsville home, they found him sitting on a couch with a gun to his own head. The first officer, Genisha Pegues, testified against Darby at trial and told the jury that she was de-escalating the situation before he got there.

Darby testified that he shot Parker in defense of himself and other officers because he feared Parker might shoot them.

Body camera video showed Darby grab a shotgun from his patrol car and sprint to the house. Less than a minute later, he shot Parker in the face. Darby testified that he had to take over the situation from Pegues, a senior officer, because he believed she was putting herself in danger by talking to Parker.

Darby walked up to the house and shouted for Pegues to “point your fu**ing gun at him,” bodycam video showed. Darby repeatedly shouted for Parker to drop his gun. Darby fired the fatal shot 11 seconds after entering the house, according to the video.

Robert Tuten, Darby’s defense attorney, has said they will appeal the case.

AL.com

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