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Mike Force Podcast

0100 - The Wrongful Conviction of Ben Darby

Mike Force Podcast

Mike Glover

Christianity, Religion & Spirituality

4.92.4K Ratings

🗓️ 2 March 2023

⏱️ 57 minutes

🧾️ Download transcript

Summary

Website : https://standwithdarby.com/
Instagram : @standwithdarby
Pipe Hitter Foundation Donation Link : https://donorbox.org/piphitterfoundation-darby

Officer Ben Darby responded to a suicide-by-cop scenario in 2018. After recognizing that his partners were not utilizing sound officer safety tactics by placing themselves in a potentially deadly situation without cover and concealment within a few feet of the armed subject, without their firearms drawn, Officer Darby placed himself in front of his partners and gave multiple warnings to the subject to put his gun down, which he was pointing at his head. After making a furtive movement with his head, shoulders, and firearm and after believing that his life and the lives of his partners were in imminent threat of great bodily harm or death, Officer Darby shot the subject, who was a known white supremacist. It was later discovered that the subject told his neighbor (a witness) that he intended on luring police officers into his home to kill them because he hated cops.

After an Incident Review Board was conducted by the Huntsville Police Department, the department found that Officer Darby’s actions were within policy and justified under the rule of law. The first two officers were sent back to the academy for remedial training and later resigned. Officer Darby returned to work, and within 2 months a secret grand jury was convened by the district attorney. Officer Darby was charged with murder. Officer Darby was given a plea deal consisting of probation and NO CUSTODY time if he accepted an aggravated manslaughter conviction, which he refused. The police chief, city council, and mayor of Huntsville supported Ben Darby and paid the initial legal fees.

During the trial, the judge prevented exculpatory evidence from being heard by the jury, including relevant testimony by the neighbor and others, as well as applicable case law that would have exonerated Officer Ben Darby (Graham v. Connor, Tennessee V. Garner, Montoute v. Carr, Garczynski v. Palm Beach Sheriff’s Office). This trial was closed to the public—not open to family or friends due to Covid restrictions. He was denied qualified immunity and after multiple plea deals consisting of NO prison time, Ben Darby went to trial. During the trial, the DA compared Officer Darby to a regular civilian who barged into a random person’s house, shooting, and killing them. Officer Ben Darby was sentenced to 25 years. 

#standwithdarby

Transcript

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0:00.0

Hey what's going on guys Mike Glover here. Mike Force podcast. I know it's been a while and that's for good reason. We're doing a lot of stuff black raffle coffee hosting that as well as doing podcasts on full-crouse survival. Mike Force is my baby. I continue come back to it especially on hot topic issues that are very important to us.

0:29.0

And this is certainly the case in this situation. I'm going to let you tell a little bit about our last podcast where you gave some background information about your husband and that circumstance before we get started.

0:44.0

So my name is Kielandarbi and I'm from Alabama. My husband is William Benjamin Darby goes by Ben and I clarify that because his name being in the news. But he was a Hustle Police officer in twilight.

0:58.0

In 2018 and while he was working as a Huntsville Police Officer, he answered a call for service for a individual named Jeffrey Parker who had called 911 and said that he had a gun to his head and he was in a blow his brains out.

1:16.0

So dispatch had sent two officers to that call. One of those officers had requested for backup on the way to the call and Ben was nearby and said, yeah, I'll go. So he drives over there and is thinking.

1:33.0

This is going to be a perimeter and we're going to call the guy out and I can say this also because I'm also police officer.

1:39.0

So we're trained to call people out of a house or structure or whatever the cases when they have a gun in there by themselves and these two initial officers did not follow that training.

1:53.0

So Ben gets there, get grabs his shotgun, thinks there's going to be a perimeter set to his surprise or is not.

2:01.0

He makes his way to the house and sees the female in the house with her gun by her side, standing 20 feet away from a guy with a gun to his head.

2:12.0

She's not effectively communicating with him. She's not getting him to follow her commands. So Ben steps in and takes over the situation.

2:21.0

The worker is given seven commands to drop the weapon and doesn't do so. And then he moves his weapon from his head towards the officers, including Ben and Ben shot him, which ended up killing him.

2:36.0

The loss of life in any situation is tragic, but when you are given seven commands to drop a gun and it being a lawful order, you know, better was it just a UPS man.

2:48.0

He's a state certified LB and a police officer for Huntsville Police Department. And he told you to drop the gun and you didn't do it.

2:58.0

He got what he asked for and some people think that that's too harsh, but law enforcement officers have a job to do and in today's climate, people like to see how far they can get away with that.

3:13.0

And the respect there is gone. So ultimately Ben shot him and killed him. He went through an investigation. All three officers did.

3:25.0

He was cleared by his department. And in that clearing, the district attorney, Rob Roussar was also present. He also cleared Ben and they were put back out on the street.

3:35.0

The other two officers were put through remedial training. Ben was not. And then about a month later, Ben was indicted or told he was going to be indicted for murder.

3:46.0

And then August 3rd, 2018, he was indicted and charged in between May and August. The district attorney said, if you fire him to the police chief, if you fire him, we won't press charges.

3:59.0

They went back and forth on that. Ultimately, he was charged because chief big worry said he didn't do anything wrong. He followed his S.O.P. his instruction. We can't. There's no reason to fire him.

4:12.0

COVID happens. So then we don't go to trial until May of 2021. We go to trial. Everything goes south. It was close to the public, including me. So I couldn't be there to support him during the trial.

4:26.0

Key witnesses were in a lot of testify. A lot of excopatory evidence wasn't admitted. And then the judge basically just said, it's either murder or it's not in.

4:39.0

They chose murder. So the jury found him guilty. We go to sentencing August of 2018. And the district attorney's office says we want at least a 25-year sentence.

...

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