Alabama attorney general takes over prosecution of Galleria mall shootings

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Alabama Attorney General Steve Marshall today said his office will take over prosecution of the shootings of three people at the Riverchase Galleria on Thanksgiving night due to potential conflicts of interest for the Jefferson County district attorney.

Marshall said Jefferson County District Attorney Danny Carr has personal relationships with some of the people protesting the police shooting of Emantic “E.J.” Bradford Jr.

Marshall said that, while Carr does not have an actual conflict of interest in this case and did not ask to be recused from the case, Carr acknowledged “a fair-minded, objective observer could conclude that a conflict exists.”

Also, the Jefferson County district attorney’s office has about 20 pending cases in which the police officer involved is a material witness, Marshall said.“A fair-minded defendant (or family member) in those cases could question whether you and/or your prosecutors are biased in favor of protecting the officer from prosecution because the officer’s testimony may be important in his/her case,” Marshall wrote in a letter to Carr today.

But Marshall said the most important factor in his decision for his office to take over the investigations is that Carr believed “fair-minded, objective” people could conclude that his neutrality was compromised.

National prosecution standards state that “the prosecutor should excuse himself or herself from any investigation, prosecution, or other matter where personal interests of the prosecutor would cause a fair-minded, objective observer to conclude that the prosecutor’s neutrality, judgment, or ability to administer the law in an objective manner may be compromised.”

Carr, in a written statement, today said the Jefferson County district attorney’s office “stands ready and capable to proceed with this case based on the facts and evidence once provided, and the law as it currently exists.”

However, “I recognize that the law pursuant to Alabama Code 36-15-14 grants the attorney general the authority to intervene and proceed with any criminal prosecution in any county in this state,” Carr said. “Despite the Attorney General’s Office intervention in this instance, the Jefferson County District Attorney’s Office will continue to seek and ensure justice for all citizens of this county. I trust that justice will prevail.”

Carlos Chaverst Jr., one of the leaders of the protests over the police shooting, on Nov. 7 made a Facebook post with pictures of himself celebrating with Carr about Carr’s Nov. 6 election victory. In the post, Chaverst indicated he was among people who led a petition asking for Carr to be appointed to a vacancy in the district attorney’s seat.

After Marshall today announced his office is taking over the investigation, Chaverst and fellow protest leader Le’Darius Hilliard posted pictures of themselves with Marshall and said they are close, personal friends with him and that he should recuse himself and his office from the investigation as well and let the federal government handle the investigation.

Mike Lewis, the communications director for the attorney general’s office, said in an email that there is no “relationship” between Marshall and Chaverst and Hilliard.

The photos they posted were taken in May 2017 outside of Advent Episcopal School in Birmingham when Chaverst and Hilliard were there to get the attention of Marshall and protest an ongoing investigation in Birmingham, Lewis said. Marshall was there to present an “Attorney General Safe School” award to the school, he said.

“AG Marshall politely met with the protesters and allowed them to take several photos with him before leaving,” Lewis said.

In a press conference earlier today, Marshall said he understands the gravity of this investigation and the desire for it to be handled quickly. However, his office will conduct a complete and thorough investigation, he said.

He said he has assembled two teams of prosecutors with experience dealing with these kinds of cases. One team will investigate the shooting death of Bradford, and the other team will investigate the shooting injuries of 18-year-old Brian Wilson and 12-year-old Molly Davis.

“We all recognize that decisions made in this case will be scrutinized at significant levels. What is important is that that decision not be criticized because of some perceived conflict,” Marshall said. “I believe strongly in the team we have assembled — that they will seek justice in this case.”

The Alabama Law Enforcement Agency, which is investigating the three shootings at the Galleria, is working hard on those cases but not finished with its work, Marshall said. “They’re working as quickly and as thoroughly as they can.”

When asked if his office would release video evidence of the shootings once ALEA completes its investigation, Marshall said that decision will be made based on whether release of video footage might hinder prosecution of any of the cases. He noted that video is not released in most pending criminal cases and cautioned that “a video doesn’t tell the whole story.”

There are countless witnesses that have been interviewed and other evidence gathered that must be considered as well, Marshall said.

A statement issued by the city of Hoover said the city has great confidence in both Carr and Marshall and every other law enforcement entity involved in this case. “We will continue to cooperate with all investigating authorities as we all seek the truth.”

See more about the Riverchase Galleria shootings here.

This article was updated at 3:50 p.m. with a response from Attorney General Steve Marshall's office concerning the photos with Carlos Chaverst Jr. and Le'Darius Hilliard and at 3:58 p.m. with a statement issued by Jefferson County District Attorney Danny Carr.