Former Huntsville, Alabama police officer Ben Darby has reached a plea deal with prosecutors. This should put an end to the nightmare that he and his wife (Keelin Darby) have endured the last five years.
I covered this case and the relevant legal and tactical issues in a prior article. Check it out by becoming a paid subscriber (initial Ben Darby article).
Quick Recap
In 2018 police officers in Huntsville, AL responded to a call for service in reference to a suicidal man (Jeffrey Parker) that was armed with a gun1. The initial on-scene officers entered the home and began speaking with Mr. Parker (who was still holding the gun). The officers did not utilize cover or concealment and did not have their firearms drawn. The lack of basic officer safety skills was shocking.
Officer Darby arrived on scene to find this incredibly dangerous situation unfolding. He initially verbally told the officers his concerns and they ignored him. Eventually, he took control of the situation - he bypassed the other two unsafe officers and made contact with Mr. Parker. Officer Darby gave Mr. Parker multiple commands to “drop” the gun.
Instead of following the lawful and simple instructions - Mr. Parker pointed the gun at Officer Darby - who reasonably responded with deadly force.
This was an obvious case of suicide-by-cop. (body cam video)
The Nightmare
Officer Darby was cleared by the Huntsville police department and the two other officers were sent to remedial “officer safety” training.
Ben Darby was then charged with murder by the Madison County District Attorney (Rob Broussard). He was convicted of murder and sentenced to twenty-five years in prison.
The Hope
After twenty months in prison Mr. Darby’s conviction was overturned by the Alabama Court of Appeals and a new trial was ordered.
The court, in tossing the murder conviction, agreed with Darby’s attorney that the trial judge should have given jurors different instructions on evaluating the reasonableness of Darby’s use of deadly force in that situation.
The trial judge did not allow the “Graham Standard” in the jury instructions.
Update
Instead of heading to trial a second time - where some legal and procedural rulings would have been in his favor this time (Graham) - Ben Darby still would have been looking at the possibility of doing over twenty years in prison if convicted.
So, on October 13, 2023 Ben Darby reached an agreement with prosecutors. He pleaded guilty to manslaughter. The agreement called for three years of probation but NO more jail time.
Final Thoughts
This was the right decision by Ben Darby and his legal team. Even though he committed no criminal act and followed his training - admitting/pleading guilty to anything in this matter had to be incredibly frustrating.
It is good to be principled.
It is better to be free.
To Ben and Keelin:
Move on. Enjoy life. You deserve it.
It was later found to be a flare gun that had been painted black. This was not known to any officer on scene.
Officer Darby was complete within his right to defend himself in this case! The fact that he accepted a Plea Deal is heartbreaking 💔
Officer Darby is an innocent man being wrongly accused by anti police activists!
It is total injustice!!! Why are we constantly persecuting our police officers for doing their sworn duty???!!! This Nation is becoming one of total lawless anarchy!!! GOD PLEASE HELP US!!!