HUNTSVILLE, Ala. (WHNT) – A new trial date has been set for former Huntsville Police Department (HPD) officer William ‘Ben’ Darby, whose murder conviction was recently overturned.
The Alabama Court of Criminal Appeals reversed the murder conviction of Darby on March 24, sending the case back to the trial court.
A new trial is set for December 11, 2023, according to court documents.
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 defense had argued Darby’s shooting of Parker was due to Parker being armed and failing to heed Darby’s instructions to drop his weapon.
The appeals court said the failure to instruct the jury on the defense’s requested instructions was a reversible error.
Darby was released from prison and is currently out on bond.