Motion to dismiss filed in Huntsville murder case after surveillance images released

"Definitely a continuing investigation, we can say this case is far from over," said Lt. Johnson with Huntsville police.

Posted: Apr 26, 2019 3:39 PM
Updated: Apr 27, 2019 11:16 AM

UPDATE:

Jail records show DeMorris Lauderdale was released at 11:57 p.m. Friday.

Demorris Lauderdale

UPDATE:

11:00 p.m.

Demorris Lauderdale is still in the Madison County Jail and will likely not be released until Monday, even though the capital murder charge against him was dropped earlier Friday.

The sheriff's office said the judge assigned to the case needed to sign paperwork, but that did not happen.

Madison County District Attorney Rob Broussard said there is nothing abnormal about this happening, because the judicial system operates based on normal business hours.

Lauderdale's family did not want to comment. WAAY 31 reached out to the American Civil Liberties Union to get their take on the situation, but they have not responded to our email yet.

"We are continuing efforts to procure his release even now. DeMorris was glad the DA dismissed the charges against him but remains hopeful that an order of release is forthcoming before the weekend is over. He is very eager to return home, hug his mom and dad, be with his children again, go back to work, and get this whole terrible episode behind him. He has now been incarcerated for a crime he didn’t commit since March 27," said Lauderdale's lawyer, Greg Varner.

---------

3:45 p.m.

Greg Varner, Demorris Lauderdale's lawyer, tells WAAY 31 "The District Attorney's office has filed a Motion to Dismiss within the last hour. I am working now to process his release."

According to Huntsville Police Department, Lauderdale remains in jail as of 3:45 p.m. Friday and it may take several hours for paperwork to come through.

The department says he should be released no later than 11:59 p.m. Friday.

"Definitely a continuing investigation, we can say this case is far from over," said Lt. Johnson with Huntsville police.

---------

From earlier:

A man charged with capital murder says he's innocent and surveillance images will prove it.

The pictures show Demorris Lauderdale hundreds of miles from Huntsville, around the time Austin Rich was murdered.

Huntsville police and the Madison County District Attorney's Office both told WAAY 31 on Thursday, they are looking into the new claims made by Lauderdale's attorney. The district attorney's office said it's working to get to the truth.

Chauncey Bryant, who lives in Huntsville, said his friend lives at the Brixworth at Bridgestreet apartments where the March murder happened.

"Man, that would mess up somebody's whole life," Bryant said.

Police charged Lauderdale with capital murder after they said he shot and killed Rich inside Rich's girlfriend's apartment in a drug-related robbery.

Court documents filed this week by Lauderdale's attorney show a receipt from a gas station in Woodstock, Georgia, some 300 miles from Huntsville. The receipt shows he bought drinks and snacks a little more than an hour before Rich's murder.

The motion filed by Lauderdale's attorney states, "It is physically impossible for the accused defendant to have committed the crime for which he is accused."

About twenty minutes after that gas station stop, surveillance cameras captured images at a middle school in Georgia.

Lauderdale's attorney says his client was arriving at work, and his time card punches prove he was there as well.

"It's real unfortunate, man, like if the evidence is saying he's not there," Bryant said.

Court documents state how Lauderdale became a suspect, saying in part, "From information and belief a witness at the scene, identified your accused defendant as the shooter to investigators and subsequently made two separate identifications through photo-array line-ups performed by the Huntsville Criminal Investigation Division."

Rich's neighbors say they hope whoever killed him is caught.

"That's kind of scary to know there's a killer on the loose," Bryant said.

Lauderdale has been in the Madison County Jail without bond ever since his arrest last month. WAAY 31 reached out to his attorney to learn more about the evidence, and we're still waiting to hear back Thursday night.

Bond is typically denied in capital murder cases. However, Lauderdale's attorney is asking that if the case isn't dropped, his client at least be given a reasonable bond so he can prepare his defense.

A hearing for that is set for May 8th.

READ: MOTION TO NOLLE PROSSE

READ: MOTION TO ESTABLISH BAIL

READ: OBJECTION TO MOTION TO CONTINUE

Huntsville
Clear
71° wxIcon
Hi: 74° Lo: 48°
Feels Like: 71°
Florence
Clear
72° wxIcon
Hi: 74° Lo: 43°
Feels Like: 72°
Fayetteville
Partly Cloudy
72° wxIcon
Hi: 72° Lo: 43°
Feels Like: 72°
Decatur
Clear
72° wxIcon
Hi: 72° Lo: 46°
Feels Like: 72°
Scottsboro
Partly Cloudy
71° wxIcon
Hi: 73° Lo: 46°
Feels Like: 71°
WAAY Radar
WAAY WAAY-TV Cam
WAAY Temperatures

 

Alabama Coronavirus Cases

Cases: 532895

Reported Deaths: 11001
CountyCasesDeaths
Jefferson771431528
Mobile41089808
Madison34837505
Tuscaloosa25810454
Montgomery24355588
Shelby23730249
Baldwin21191309
Lee15892171
Calhoun14522316
Morgan14324279
Etowah13861353
Marshall12250223
Houston10581281
Elmore10060205
Limestone9986151
Cullman9705194
St. Clair9702243
Lauderdale9441242
DeKalb8846187
Talladega8255176
Walker7246277
Autauga6938108
Jackson6815112
Blount6694137
Colbert6310134
Coffee5524119
Dale4850111
Russell443238
Chilton4308112
Franklin426282
Covington4136118
Tallapoosa4039152
Escambia393977
Chambers3578123
Dallas3557152
Clarke351161
Marion3130101
Pike311377
Lawrence300798
Winston275673
Bibb261564
Geneva251477
Marengo249664
Pickens234761
Barbour231756
Hale223277
Butler216469
Fayette212562
Henry189044
Cherokee184745
Randolph181742
Monroe178040
Washington167639
Macon159950
Clay156857
Crenshaw152757
Cleburne149141
Lamar142935
Lowndes139053
Wilcox127130
Bullock122841
Conecuh110629
Coosa107928
Perry107826
Sumter104832
Greene92534
Choctaw61124
Out of AL00
Unassigned00

Tennessee Coronavirus Cases

Cases: 856428

Reported Deaths: 12305
CountyCasesDeaths
Shelby963281628
Davidson89609941
Knox51090636
Hamilton44530496
Rutherford43174437
Williamson28104217
Sumner24122349
Montgomery20392227
Wilson18902236
Out of TN1823699
Sullivan16916298
Unassigned16906134
Blount15551196
Bradley15096151
Washington14681245
Maury13535172
Sevier13441175
Putnam11435175
Madison11245241
Robertson9785132
Anderson8792171
Hamblen8631173
Greene7924156
Tipton7388104
Coffee6922122
Dickson6850113
Cumberland6762133
Carter6660158
Gibson6535146
McMinn653498
Bedford6521128
Roane6317105
Jefferson6242125
Loudon615869
Hawkins6155107
Lawrence598189
Monroe587096
Warren555081
Dyer5440106
Franklin516390
Fayette511677
Cheatham457356
Obion454896
Cocke452299
Lincoln436763
Rhea435775
Marshall420258
Campbell417563
Weakley415665
Giles4009100
Henderson380276
White367770
Carroll363283
Macon363078
Hardin358868
Hardeman352864
Henry320276
Lauderdale320244
Claiborne318973
Scott314945
Marion312847
Overton302461
Wayne296834
Hickman284746
McNairy284054
DeKalb280654
Smith278739
Haywood271562
Grainger263550
Morgan251239
Trousdale250522
Fentress242647
Johnson241739
Bledsoe215611
Chester215451
Polk208524
Unicoi204549
Crockett203549
Cannon192631
Union191634
Humphreys181128
Grundy179534
Sequatchie171629
Lake170626
Benton167040
Decatur159239
Lewis158326
Meigs139025
Stewart132828
Jackson132336
Clay110330
Houston109733
Perry107128
Moore101417
Van Buren85323
Pickett75924
Hancock59312

Community Events