GUILTY AL - Jakell Mitchell, 18, Auburn football player, fatally shot, 14 Dec 2014

Police have arrested Markale Deandra Hart, 22, in connection with the shooting death of a freshman Auburn University football player, the Auburn Police Division said in a news release Sunday. The Camp Hill man is being charged with murder in the death of 18-year-old Jakell Mitchell of Opelika, Alabama, police say.

"An investigation into the shooting was immediately initiated by the Auburn Police Division and as a result, Hart was developed as a suspect," the statement said. "Auburn Detectives traveled to Dadeville and with the assistance of the Tallapoosa County Sheriff Department and Jackson Gap Police, were able to locate Hart and take him into custody." Dadeville, Alabama, is about 30 miles northwest of Auburn and Opelika.

Hart was taken to Lee County Jail and is being held on a $150,000 bond. No more arrests are expected, police said.

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PastTense said:

http://www.clickondetroit.com/news/auburn-university-player-shot-and-killed/30226950

$150,000 doesn't seem like much of a bond for murder.

Photo of the suspect:
https://localtvwhnt.files.wordpress.com/2014/12/hart-markale-deandre-1.jpg

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mikkismom said:

Man arrested in shooting death of Jakell Mitchell has criminal past
http://www.al.com/auburnfootball/in...d_in_shooting_death.html#incart_story_package

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Lee County District Court Judge Steve Speakman ruled to move the murder case against alleged Tiger Lodge shooter Markale Hart to a Lee County grand jury after a preliminary hearing Tuesday, noting the state had proven probable cause for a murder charge rather than one of manslaughter...

Holt testified police found .40 caliber and .45 caliber shell casings in the complex’s parking lot – “more than ten” .40 casings and approximately ten .45 casings. “Most of the .45 shell casings were in a small area,” Holt said. “The .40 caliber shell casings were spread over the parking lot.”

Although the .45 caliber gun is still at the state’s Department of Forensic Sciences for analysis, Holt testified he believed Mitchell was in possession of the firearm.

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“We did what’s called waiving the arraignment and so he signed a form, pleaded not guilty and the arraignment has been done,” said Jerry Blevins, an attorney who has represented Hart throughout the case.

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“It was reported last year that this was a shooting at a local apartment complex, that Mr. Hart shot Mr. Mitchell and I believe it was made public last year that Mr. Mitchell was armed with a weapon at the time he was shot. Mr. Mitchell fired numerous shots either prior to or at the time he was shot. I think it was clear at the last hearing that Mr. Hart acted in self defense, and I think that was corroborated by the detectives’ testimony last year.”

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Hart was being transported back to Limestone Correctional Facility in Harvest Thursday afternoon, where he is serving time for a probation violation stemming from a second-degree burglary charge in Tallapoosa County. Hart’s probation was revoked following his Dec. 15, 2014, arrest in conjunction with Mitchell’s murder, during which he also tested positive for marijuana.

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Markale Hart will stand trial for the murder of former Auburn H-back Jakell Mitchell.

Lee County Circuit Court Judge Christopher Hughes ruled that Hart was not entitled to immunity from trial under Alabama's Stand Your Ground law. Hart is charged with shooting and killing Mitchell on Dec. 14, 2014 at an off-campus apartment complex in Auburn.

"Hart, a convicted felon, engaged in an unlawful activity when he possessed a firearm before it became necessary to do so," Hughes said in his ruling. "Therefore, he had a duty to retreat and did not. That being the case, he is not entitled to immunity."

No date has been set yet for the murder trial.

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A circuit court judge granted a continuance Friday morning to Markale Hart, who is charged with the murder of former Auburn football player Jakell Mitchell, in his trial for the December 2014 shooting.

According to court documents, the motion requested that the trial be pushed back to a date after May 20, 2017 because one of three key witnesses for the defense is on active duty with the Alabama National Guard and it currently stationed in Kuwait. Tyrone Rowe, who is Hart's cousin, was called to active duty on June 17, 2016 and will not return to Alabama until May 11, 2017, with his military service concluding in July.

The trial, which was set to begin Monday, was rescheduled for June 12, 2017.

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Jury selection for the trial of Markale Hart was set to begin Monday morning in Opelika but the trial was delayed due to conflicts with other cases set for trial. According to Alacourt.com, five murder trials and three attempted murder trials were on the docket for Monday morning at the Lee County Courthouse.

A reset date for the trial has yet to be announced.

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An order signed by Lee County Circuit Court judge Christopher Hughes on Thursday reset the trial for Markale Hart for the week of Sept. 25, when the next criminal trial term is to begin.

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The district attorney's request for a continuance in the murder trial of Markale Deandre Hart, due to a key forensic expert being unavailable, was granted by Lee County Circuit Court judge Christopher Hughes on Thursday and the trial has been rescheduled to begin on Dec. 4.

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Selection of a jury for Markale Hart’s murder trial was a slow process Monday due to the publicity surrounding the case, but prosecutors are hopeful opening statements will be made this afternoon.

When the jury pool was asked by Lee County Judge Christopher Hughes whether they had heard of the case on Monday, nearly all of the potential jurors raised their hands.

But selecting the final jury isn’t a matter of whether or not they’ve heard of the case, said Lee County District Attorney Brandon Hughes, but rather if they can remain impartial and make their decision based on the evidence presented during trial.

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Lee County Chief Assistant District Attorney Jessica Ventiere raised her hand and counted to five during opening statements Tuesday evening to indicate the number of times Auburn University football freshman and Opelika Native Jakell Mitchell was shot when he was killed nearly three years ago.

“This is not a case of who did it. We know who did it,” Ventiere said, indicating Hart. “Here’s the question you’re going to have to answer: Who was trying to kill, and who was trying to survive?”

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The defense brought the jury back to that night.

He said Jakell Mitchell showed up to the party that night under the influence, angry and armed with a stolen gun.

Hart’s defense attorney also said that Mitchell pointed the gun first and shot 11 times before Hart fired that fatal shot in self defense.

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Huguley testified that the defendant was the first to pull the trigger.

Hughley said he tried to shove her out of the way before the shooting happened.

The prosecution contends, only then, did Mitchell try to fight back.

“As Markale shot Jakell, Jakell stumbled down and he tried to get back up. As he tried to get back up, Jakell tried to grab his gun and shoot back, but he fell again and Markale kept shooting and then he (Markale) ran,” said Hughley.

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“We are not getting anywhere and it’s getting hostile,” said Lee County Circuit Judge Christopher Hughes.

So, the judge called jurors back into court for a second time Monday, and challenged them, saying”

“If not you, then who? What would make you think we can start all over from scratch and find 12 better people?” said Judge Hughes.

He said with the mass of evidence in front of them, there is still plenty of room for a verdict.

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Jerry Blevins filed a motion in Lee Country Circuit Court last week to withdraw from defending Markale Hart due to "an irreconcilable conflict" between the two. Lee County Circuit Court judge Christopher Hughes granted Blevins' motion on Friday and appointed Harold Patrick to serve as Hart's attorney in the case, which has a hearing scheduled for Tuesday morning and is set for a retrial on Feb. 26.

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Markale Hart pleaded guilty on Friday to manslaughter in the shooting death of Auburn University football player and Opelika native Jakell Mitchell. As a result, Hart is in the process of being transferred to Tallapoosa County.

The Lee County District Attorney’s Office offered Hart a plea agreement of a split 10-year sentence with credit for time served and three years of probation to avoid retrial – which was scheduled for Feb. 26. The plea agreement was done for the sake of Mitchell’s family, said District Attorney Brandon Hughes.

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"After discussions with the Mitchell family, and based on what we were able to learn after the previous trial, a plea offer was made," Lee County Distrcit Attorney Brandon Hughes said. "Today Markale Hart admitted to recklessly causing the death of Jakell Mitchell. The plea offer was not an easy decision nor was it made in haste. Jakell's killer admitted his guilt and the case is now over."

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