Prosecutors with the Madison County District Attorney’s office are upping the ante in their attempts to persuade the city of Hunstville to turn over evidence related to the case of a police officer charged with murder.
Monday, prosecutors filed a motion asking a judge to force the city to hand over subpoenaed evidence in Officer William Darby’s case.
"Whatever the judge says we need to turn over we'll will turn over," said Mayor Tommy Battle.
Darby is charged with murder in the April shooting death of Jeffery Louis Parker.
Prosecutors are trying to get their hands on evidence from the police department’s incident review board and its internal affairs probe of the shooting.
Court documents indicate prosecutors requested the information on May 2nd. But, the city has refused.
On August 15th, the state issued a subpoena. Still, the city is holding out. On August 24th, the city’s attorney issued a response and refused to honor the subpoena.
An attorney in Huntsville with decades of experience said the reasons the city does not want to give up the documents will not hold up in court.
"The information they're trying to get they'll get," said Russell Crumbley.
Darby’s case is set for trial in October. He’s free on bond.
Crumbley told WAAY 31 this legal battle over the documents could push the case back.
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