The attorneys for a Huntsville police officer charged with murder are now asking the judge to throw out a witness statement.
According to court documents, the statement comes from another officer who witnessed Officer William Darby shoot a man with a gun who was threatening suicide.
The motion states during Darby's stand your ground hearing, Officer Genisha Pegues testified she heard Jeffrey Parker say, "I don't want to hurt you". This is the statement the defense team wants excluded.
They argue Pegues was the only officer to hear it and she didn't tell any other officer on scene. They also argue that because the statement was made prior to Darby arriving on scene he had no way of knowing Parker did not intend to hurt the officers.
The judge denied Darby's motion to dismiss based on self-defense. Darby's trial starts February 24th.