A Madison County judge held a stand your ground hearing in a 2018 case where a 23-year-old was shot dead in a car at a Huntsville apartment complex.
Devonte Bone was shot and killed at the Westlake Apartments in Northwest Huntsville, and the suspect Demetrius Childs was charged with capital murder in his shooting death. His defense filed a motion claiming to have Childs' case dismissed on the basis of the stand your ground law.
The hours-long hearing is a hearing that went on for hours and had investigators and witnesses take the stand Tuesday recounting what exactly happened back in March of 2018.
Childs' defense says that before the fatal encounter took place, Bone had threatened him on a Facebook Live video and that's the reason he shot and killed him.
According to Childs' attornies, Bone and Childs had a violent history. They even said Bone had shot Childs in the past. They said the two had been in a dispute because Childs said Bone had stolen drugs and money from him.
The defense says Bone was on Facebook Live threatening to shoot him again, and even had a gun in the video. The prosecution says the testimony regarding the Facebook Live has been inconsistent, and there is no way to say if Bone was armed or threatened Childs in the video.
They also say there is no evidence or reports to show that Bone had shot Childs in the past or posed as a threat to him.
"There were no reports that we know of its just word on the street and what they've discussed amongst themselves," Maggie Wallace, the Madison County Deputy District Attorney, said.
The judge gave the defense until 9 a.m. Friday to provide her with a briefing for their motion to dismiss the charges against Childs. The prosecution can also submit a briefing.
If the judge decides to grant their motion to dismiss, the capital murder charges will be dismissed and the case will be over. Rght now the capital murder trial is set to begin on Jan. 27.