HUNTSVILLE, Ala. - A Madison County judge has denied Huntsville Police Officer William Darby's request for his murder case to be dismissed.
Madison County Circuit Court Judge Donna Pate issued her decision Thursday morning, a day after the hearing in which Darby said shooting Jeffrey Parker was the only choice he had.
Darby shot and killed Parker in April 2018. He was the third officer to respond to a suicide threat call at Parker's home in April 2018.
Darby was cleared by a police review board, but Madison County prosecutors took the case to a grand jury that returned a murder indictment.
In Wednesday's immunity hearing, Darby and his attorneys said another officer on the scene did not follow proper procedure and put herself in danger, forcing Darby to kill Parker.
A trial date has not been set. Pate said further proceedings in the case are stayed, pending Darby's decision to appeal the ruling.