In Four Hours From Time Of Event Until Suspect Booked Into Jail - Great Job By Enterprise PoliceRickey Stokes
Posted by: RStokes
Date: Nov 25 2021 11:03 PM
ENTERPRISE: On November 24, 2021 at 11:17 PM 28 year old Deandre Marquise Flowers of Enterprise was booked into the Coffee County Jail on two charges.
Flowers was arrested for Capital Murder and Failure To Appear on a misdemeanor warrant. He is being held in the Coffee County Jail under a no bond.
The Capital Murder charges stem from the gunshot wound to the chest which claimed the life of a 15 year old Enterprise High School student. The deceased was pronounced dead by Coffee County Coroner Robert Preachers. He has been identified as 15 year Myrell Smith of Enterprise.
The criminal investigation division of Enterprise Police Department put the pieces of the puzzle together quick, with the assistance of Enterprise Police Patrol Division. The suspect was quickly identified and in a little over four hours from the time the trigger was pulled that claimed this young man's life, the suspect was locked into the Coffee County Jail.
GREAT JOB to the men and women of Enterprise Police Department from the 911 staff to Patrol Division to Criminal Investigation Division.
Enterprise Police have not released many details as to the circumstances that caused Flowers to allegedly shoot the 15 year old young man. Court documents are not available with the court system being closed from late Wednesday until Monday. After court filings the documents might reveal more details which led up to the shooting.
But regardless of what details there is no excuse for the 15 year old to be dead and the 28 year old to be in jail.
Capital Murder is a death penalty offense. Flowers could receive the death penalty or life without parole if convicted of Capital Murder. Normally in Capital Murder cases a person is held without bond until the case is concluded. Therefore there is a strong possibility Flowers will remain in the Coffee County Jail until which time he is found not guilty - thus causing his release, or found guilty and then will go to the Alabama State Prison system.
Capital Murder cases normally take at least two years from arrest until trial, plus or minus on the two years.
CODE OF ALABAMA: Section 13A-6-2
Homicide Definition: (2) HOMICIDE. A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence causes the death of another person.
(a) A person commits the crime of murder if he or she does any of the following:
(1) With intent to cause the death of another person, he or she causes the death of that person or of another person.
(2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.
(4) He or she commits the crime of arson and a qualified governmental or volunteer firefighter or other public safety officer dies while performing his or her duty resulting from the arson.
(b) A person does not commit murder under subdivisions (a)(1) or (a)(2) of this section if he or she was moved to act by a sudden heat of passion caused by provocation recognized by law, and before there had been a reasonable time for the passion to cool and for reason to reassert itself. The burden of injecting the issue of killing under legal provocation is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for, or preclude a conviction of, manslaughter or other crime.
(c) Murder is a Class A felony; provided, that the punishment for murder or any offense committed under aggravated circumstances by a person 18 years of age or older, as provided by Article 2 of Chapter 5 of this title, is death or life imprisonment without parole, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto. The punishment for murder or any offense committed under aggravated circumstances by a person under the age of 18 years, as provided by Article 2 of Chapter 5, is either life imprisonment without parole, or life, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto and the applicable Alabama Rules of Criminal Procedure.
If the defendant is sentenced to life on a capital offense, the defendant must serve a minimum of 30 years, day for day, prior to first consideration of parole.
(Acts 1977, No. 607, p. 812, §2005; Act 2006-427, p. 1057, §1; Act 2016-29, §2; Act 2016-360, §1.)
(1) CAPITAL OFFENSE. An offense for which a defendant shall be punished by a sentence of death or life imprisonment without parole, or in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the capital offense, life imprisonment, or life imprisonment without parole, according to the provisions of this article.
CODE OF ALABAMA: Section 13A-5-40
(a) The following are capital offenses:
(1) Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed by the defendant.
(3) Murder by the defendant during a rape in the first or second degree or an attempt thereof committed by the defendant; or murder by the defendant during sodomy in the first or second degree or an attempt thereof committed by the defendant.
(4) Murder by the defendant during a burglary in the first or second degree or an attempt thereof committed by the defendant.
(5) Murder of any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while the officer or guard is on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of the officer or guard.
(6) Murder committed while the defendant is under sentence of life imprisonment.
(7) Murder done for a pecuniary or other valuable consideration or pursuant to a contract or for hire.
(8) Murder by the defendant during sexual abuse in the first or second degree or an attempt thereof committed by the defendant.
(9) Murder by the defendant during arson in the first or second degree committed by the defendant; or murder by the defendant by means of explosives or explosion.
(10) Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct.
(11) Murder by the defendant when the victim is a state or federal public official or former public official and the murder stems from or is caused by or is related to his official position, act, or capacity.
(12) Murder by the defendant during the act of unlawfully assuming control of any aircraft by use of threats or force with intent to obtain any valuable consideration for the release of the aircraft or any passenger or crewmen thereon, to direct the route or movement of the aircraft, or otherwise exert control over the aircraft.
(13) Murder by a defendant who has been convicted of any other murder in the 20 years preceding the crime; provided that the murder which constitutes the capital crime shall be murder as defined in subsection (b); and provided further that the prior murder conviction referred to shall include murder in any degree as defined at the time and place of the prior conviction.
(14) Murder when the victim is subpoenaed, or has been subpoenaed, to testify, or the victim had testified, in any preliminary hearing, grand jury proceeding, criminal trial or criminal proceeding of whatever nature, or civil trial or civil proceeding of whatever nature, in any municipal, state, or federal court, when the murder stems from, is caused by, or is related to the capacity or role of the victim as a witness.
(15) Murder when the victim is less than fourteen years of age.
(16) Murder committed by or through the use of a deadly weapon fired or otherwise used from outside a dwelling while the victim is in a dwelling.
(17) Murder committed by or through the use of a deadly weapon while the victim is in a vehicle.
(18) Murder committed by or through the use of a deadly weapon fired or otherwise used within or from a vehicle.
(19) Murder by the defendant where a court had issued a protective order for the victim, against the defendant, pursuant to Section 30-5-1 et seq., or the protective order was issued as a condition of the defendant's pretrial release.
(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.
(21) Murder when the victim is a first responder who is operating in an official capacity. For the purposes of this subdivision, first responder includes emergency medical services personnel licensed by the Alabama Department of Public Health and firefighters and volunteer firefighters as defined by Section 36-32-1.
(b) Except as specifically provided to the contrary in the last part of subdivision (a)(13), the terms "murder" and "murder by the defendant" as used in this section to define capital offenses mean murder as defined in Section 13A-6-2(a)(1), but not as defined in Section 13A-6-2(a)(2) and (3). Subject to the provisions of Section 13A-5-41, murder as defined in Section 13A-6-2(a)(2) and (3), as well as murder as defined in Section 13A-6-2(a)(1), may be a lesser included offense of the capital offenses defined in subsection (a).
(c) A defendant who does not personally commit the act of killing which constitutes the murder is not guilty of a capital offense defined in subsection (a) unless that defendant is legally accountable for the murder because of complicity in the murder itself under the provisions of Section 13A-2-23, in addition to being guilty of the other elements of the capital offense as defined in subsection (a).
(d) To the extent that a crime other than murder is an element of a capital offense defined in subsection (a), a defendant's guilt of that other crime may also be established under Section 13A-2-23. When the defendant's guilt of that other crime is established under Section 13A-2-23, that crime shall be deemed to have been "committed by the defendant" within the meaning of that phrase as it is used in subsection (a).
(Acts 1981, No. 81-178, p. 203, §2; Acts 1982, No. 82-567, p. 945, §1; Acts 1987, No. 87-709, p. 1252, §3; Acts 1992, No. 92-601, p. 1247, §1; Acts 1994, No. 94-649, §1; Act 2014-435, p. 1610, §2; Act 2018-537, §2; Act 2019-514, §2.)