FLORENCE, Ala. (WAFF) - A murder charge against Marcus Weakley was dismissed this month after a Lauderdale County Judge made a self defense ruling at a pretrial hearing.
Weakley was indicted for the murder of Patton Shipley in August 2018.
Weakley’s attorney successfully argued that he killed Shipley in self defense.
According to the judge’s ruling, Weakley was tackled by a third man and was then fired on by Shipley. The judge said testimony showed that Weakley only started shooting after he was already under fire.
The judge did note that some testimony was conflicting, and said he would prefer to have the case play out before a jury, however he said that Alabama law required he make a ruling before the case went to trial. The Judge said after weighing the evidence that the charge had to be dismissed.
Lauderdale County District Attorney Chris Connolly says an appeal was filed on Friday. He says the state attorney general will take over the appeal.