Enterprise Home Owner Arrested In Death Of Another

Rickey Stokes

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Posted by: RStokes
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334-790-1729
Date: Jun 15 2021 3:40 PM

ENTERPRISE:    This afternoon Enterprise Police Chief Michael Moore held a press conference announcing the arrest in a weekend shooting death.

The case is where Spencer Hines Layton is alleged to have been attempting to commit a crime. As a result Mr. Hines was shot and killed by the homeowner.

Enterprise Police Department Criminal Investigators conducted a detailed investigation. The Criminal Investigators also looked at the Stand Your Ground Law.

After compiling all of the facts Enterprise Police Criminal Investigators met with the District Attorney of the 12th Judicial Circuit. When the facts were presented the District Attorney advised the Police the facts did not support Stand Your Ground.

Enterprise Police then obtained arrest warrants for the home owner, Landon Law. After being notified Mr. Law, along with legal counsel, peacefully surrendered to Criminal Investigators with Enterprise Police Department. Following Mr. Law's arrest, for Murder, as with all felonies, Mr. Law was then transported to the Coffee County Jail where he has since made bond. Bond was set at $ 150,000.00

Chief Moore and the Criminal Investigator Team said this a tragic set of circumstances for all of the families involved. The Police Department's job is to gather "facts" and present those "facts" to the District Attorney. Then the ultimate final decisions rests with the court system.

Chief Moore confirmed that a person can use deadly physical force when that person feels that he or she, or another person present, is in danger of physical injury or death. However deadly physical force can not be used if the person is running away from you.

While Chief Moore was not asked nor did he elaborate that was the "facts" in this case, that was a question posed.

Chief Moore also said deadly physical force is not justified in the theft of property.

THE PATH FORWARD FROM HERE

Following the arrest Mr. Law will have an initial appearance before the District Court Judge. That can be waived if he has retained legal counsel. This afternoon Chief Moore said Law and his attorney came to Enterprise Police Department and surrendered after warrants were obtained. So the initial court appearance can be waived.

The defense attorney has 30 days to request a preliminary hearing. At a preliminary hearing hear say is admissible in court and the rules of court that apply during a trial do not exist. The burden of proof is small, and it is simply "probably a crime occurred" and "probably the defendant did it". A District Court Judge has the authority to dismiss the case but regardless of dismissal or bound over the Grand Jury, the District Attorney can still move forward and present the case to a Grand Jury.

In Alabama, all felonies go to Grand Juries. A secretive hearing before 18 people. The defendant's do not normally attend because their attorney is not allowed in the Grand Jury but the prosecutor is allowed. That is unless the foreperson of the Grand Jury knows the law. He or she can bar the District Attorney from being present.

Once the Grand Jury hears the testimony, normally only prosecutorial witnesses, the Grand Jury votes, with no District Attorney present, to indict or no bill ( dismiss ) the case.

If an indictment the case moves from a District Judge to a Circuit Judge. Another arraignment is set. With retained counsel the arraignment's can be handled through paperwork. Then the case moves towards trial.

COVID has made the court system really backlogged. In addition there is evidence that must be examined by forensic's, such as defendant's blood content for drugs and/or alcohol. A lot will be required in this case as terms of investigation and gathering of facts on the defense and further investigation for the prosecution before this case ever goes to trial.

This is the first of many steps forward.

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