The District Attorney of Mobile County upgraded the charge against accused shooter Marcus Sanders on Tuesday, filing court documents alleging capital murder.
Sanders had at first been charged with murder, often called “simple murder,” and assault.
The upgraded charge of capital murder would allow a sentence of life in prison without possibility of parole or the death penalty if Sanders is convicted as charged.
Sanders is accused of shooting Carl Williams III during a children’s dance recital inside the historic downtown Saenger Theater. The shooting appeared to stem from an argument between the two men. Sanders fled the scene but later turned himself in to Mobile Police.
Sanders’ attorney, Chase Dearman, claims he acted in self-defense.
Sanders had also shot a bystander in the ankle, which drew an additional charge of assault. That victim appeared to be an innocent bystander not involved in the argument.
Under Alabama law, capital murder is the most serious classification of murder. It is defined as intentional killing with specific aggravating circumstances such as:
- During a felony, such as robbery, kidnapping, rape or burglary.
- Multiple victims. Killing two or more people in a single course of conduct.
- Murder-for-hire or for a valuable consideration or contract.
- Killing of a law enforcement officer.
Under Alabama law, 21 circumstances can cause an intentional killing to be tried as capital murder.
The Mobile DA appears to be proceeding under section 20 of the list of aggravating circumstances. It makes an intentional killing into a chargeable capital offense in the case of:
20) Murder by the defendant in the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child. For purposes of this subsection, "in the presence of a child" means in the physical presence of a child or having knowledge that a child is present and may see or hear the act.
The two children of the victim, Williams, were participants in the dance recital. They are ages 6 and 5. It also appears that the children of defendant Sanders were present at the recital, aged 6 and 4 years old.
Statements from the prosecuting attorney and the defense attorney are painting a possible preview of the legal case. The prosecution alleges the shooting was intentional and rises to the level of a capital offense. The defense contends self-defense, stating that Williams was the aggressor, with Sanders and his girlfriend sitting in their chairs.
“Violent people are settling disputes with violence,” District Attorney Keith Blackwood said. “We cannot tolerate that.”
Sanders’ attorney, Dearman, also said Williams has attacked Sanders before and had a no-contact order issued against him.
Metal detectors to screen Saenger attendees for weapons were not in use for the dance recital. A private contractor, the Oak View Group, manages the theater and is responsible for security.
It appears that security will be tightened by the direction of the City of Mobile.
Jim ‘Zig’ Zeigler’s beat is the colorful and positive about Alabama -- her people, places, events, groups and prominent deaths. He is a former Alabama Public Service Commissioner and State Auditor. You can reach him for comments at [email protected].
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