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Cleared Hot

Episode 231 - Keelin Darby

Cleared Hot

Cleared Hot

Society & Culture

4.911K Ratings

🗓️ 2 May 2022

⏱️ 158 minutes

🧾️ Download transcript

Summary

Keelin Darby is an active law enforcement officer and the wife of Ben 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, friends, or me, due to Covid restrictions. He was denied qualified immunity and after multiple plea deals consisting of NO prison time, my husband 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.

Transcript

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0:00.0

What's going on everybody? Hope your Monday is going well. By now, you should know this episode is brought to you by

0:07.3

That's right black raffle coffee this episode and the rest of the episodes for this year

0:13.9

So what can I say that I haven't said already? Not much. They're an amazing brand found by amazing people

0:19.0

And if you go to blackrafflecoffee.com they have everything you could possibly want or need in the coffee ecosystem from coffee itself

0:26.0

obviously

0:27.3

So everything that you would need to make it to hats to shirts to

0:32.3

Yeah, everything in between stickers. We can't forget those of course

0:36.0

So go to blackrafflecoffee.com

0:39.3

And go wild

0:40.8

Do it at work when you're supposed to be working or maybe I don't know. Maybe don't do that. That's what I'm gonna do

0:45.5

And that's it. Let's talk about my guest today my guest today

0:49.3

Is Keelyn Darby Keelyn is here on behalf of her husband Ben who was previously a Huntsville police officer

0:55.6

That was involved in an on duty shooting in 2018 of a suicidal subject armed with the gun

1:02.5

And he was cleared by his department after an incident review board

1:05.7

Determined that he was justified and followed all the applicable policies and laws as established by the United States supreme court

1:14.0

So as you can tell there seems to be a discrepancy

1:17.3

Between what his department thought and with the district attorney

1:21.8

thought

1:23.2

There are a lot of things that go into this and Keelyn does a much better job of describing them than I ever could

1:28.9

So I'm just gonna get into it episode number two 31 with Keelyn Darby enjoy

1:34.1

Okay, I mean still on the podium you were booked first

2:01.2

But the

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