Dec. 17—A Morgan County judge on Sunday denied trial immunity to a Decatur murder suspect after a hearing last month in which he claimed he acted in self-defense.
Spencer Harwell, 47, is accused of shooting and killing Frankie Smith Jr., 62, at Decatur Door Service on June 10, 2021. Smith owned the business at 3023 US 31 S, and Harwell lived in an apartment at the property for several months at the time of Smith’s death.
“The defendant failed to meet his burden to prove immunity at the hearing,” Judge Stephen Brown wrote in an order filed Sunday. “The suspect may continue to pursue the defense of self-defense or the defense of another person at trial.”
Harwell, who remained in the Morgan County Jail Monday in lieu of $150,000 bond, has pleaded not guilty. A trial date has not yet been scheduled.
“I thought he (Smith) was going to kill me,” Harwell testified at the Nov. 5 hearing in response to questions from his attorney, Richard Jensen. Jensen had argued that Harwell was justified in using deadly force against Smith under Alabama law. The law allows the use of deadly force in certain circumstances, such as when a person reasonably believes that another person is about to unlawfully use deadly force.
During the hearing, Harwell claimed that Smith became angry with him after a woman arrived at the business to pawn a firearm, which he had purchased while Smith was unable to attend. Harwell, who was on probation at the time for a drug abuse conviction, said he planned to give the firearm to Smith.
Harwell claimed he later locked himself in his apartment while Smith screamed and banged on his door. The door’s window then “blew open,” Harwell said, before he opened the door and saw Smith standing six to eight feet away with a tire iron in his hand.
“Then I shot,” Harwell testified. “I tried to shoot over his head.”
The defense characterized it as a “warning shot” from a .40-cal Glock 23, a different firearm than the one purchased earlier that day. Harwell said he stayed at the scene and called his father, but did not call 911.
Harwell agreed with Jensen that he “negligently” and “recklessly” pulled the trigger. He said he regularly shared drugs with Smith, although he denied using drugs that day. “I never intended to shoot him,” he said.
After Harwell’s testimony, Chief Deputy District Attorney Garrick Vickery said self-defense is an “intentional act,” and that, by Harwell’s own admission, the fatal shot was not intentional. He argued that the defense could not argue that it was an accident and self-defense at the same time. Brown, after reviewing the case law, allowed the hearing to proceed.
Vickery called a man who worked at Decatur Door Service at the time as a witness. Brandon Atchley said Smith told Harwell to “pack his stuff and leave” around the time Harwell fired his gun.
Atchley said there was a “big pile of stuff” or door manufacturing items between Harwell and Smith when the shot was fired. He said he immediately called 911, prompting Harwell to say, “Tell them it was an accident or he attacked me.”
Morgan County sheriff’s investigator Tony Vest subsequently testified that police had ruled out self-defense during their investigation. He said Harwell had “one hundred percent” the opportunity to retreat to his room.
A roommate of Harwell’s at the Morgan County Jail alleged that Harwell told him, “I shot a guy between the eyes, execution style,” Vest said.
At the end of the hearing, Vickery argued that the defense had not met its burden in proving that Harwell acted in self-defense. Brown gave both sides several days to submit additional documents supporting their positions.
Jensen argued for several pages in his Nov. 18 letter that the Stand Your Ground statute does not require intent.
“The defendant testified that he was unsure whether he accidentally pulled the trigger or whether he ‘instinctively’ pulled the trigger when he fired the weapon, killing the alleged victim in this case,” he wrote.
Vickery pointed out in his December 4 response that the court had already reviewed several cases regarding whether a Stand Your Ground claim can survive regardless of intent.
“The arguments and case law contained in Jensen’s brief have not, to the best of the state’s knowledge, repealed any findings this court had already made on the issue of non-intentional self-defense,” he wrote. Vickery reiterated that the defendant had failed to meet his burden of proof in seeking immunity and asked the court to deny it.
Brown agreed with the state. Jensen did not respond to requests for comment.
– david.gambino@decaturdaily.com or 256-340-2438.
