MADISON COUNTY, Ala. (WHNT) — The defense for former Huntsville Police Department Officer William ‘Ben” Darby has asked the court to reinstate his bond ahead of his new trial for murder charges.

The motion comes after the Alabama Attorney General’s Office did not request a re-hearing from the Court of Criminal Appeals during its 14-day window that ended Friday.

Darby was sentenced to 25 years in prison after being convicted in 2021 for the on-duty shooting of Jeffery Parker at Parker’s home in Huntsville in 2018. The Court of Criminal Appeals reversed that conviction in March.

Darby’s defense team filed the new motion Saturday morning asking that his prior bond be reinstated. The motion said that before Darby’s previous trial, he was released on a $20,000 bond. The motion said that Darby has been incarcerated at Limestone Correctional Facility but will be released and returned to Madison County Jail to await a new trial.

The defense’s motion first argues for the bond reinstatement on the grounds that Darby should not be considered a flight risk by the court.

“The Defendant has significant ties and family living in the area,” the motion said. “The Defendant is not a flight risk nor is he a danger to the community. The Defendant would return to his place of residence should he post bond.”

Darby’s defense said Darby is entitled to a bond under both the United States Constitution and the Constitution of the State of Alabama. The defense also argues the reinstatement would not create hardship for the district attorney’s office.

“The granting of this Motion would be in the best interest of the Defendant and in no way would be an undue hardship upon the District Attorney’s office or the State of Alabama,” The motion said.