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After Texas church shooting, Alabama Attorney General offers guidance on church security

Jessa Reid Bolling



After a church shooting in Texas, Alabama Attorney General Steve Marshall has offered guidance on Alabama’s Stand-Your-Ground law and urged churches to take safety measures.

On Sunday morning, a gunman opened fire at the West Freeway Church of Christ in West Settlement, Texas, killing two people in attendance. The shooter was identified as 43-year-old Keith Thomas Kinnunen. 

A volunteer for the church’s armed security team, Jack Wilson, confronted the shooter almost immediately, firing a single shot which hit the gunman in the head, killing him.

Marshall issued a response on the shooting after receiving  inquiries from the press and the general public to offer guidance about the current state of the law in Alabama related to self-defense and the defense of others.

Alabama, like Texas, does not impose a duty to retreat from an attacker in any place in which one is lawfully present. Section 13A-3-23(a) of the Alabama Code states:

“A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that person, and he or she may use a degree of force which he or she reasonably believes is necessary for the purpose. A person may use deadly physical force…if the person reasonably believes that another person is…using or about to use unlawful deadly physical force.” 

Alabama’s law, like Texas’s, goes further to say that an individual has a right to “stand his or her ground” so long as he or she is justified in using deadly physical force, is not engaged in an illegal activity, and is in a place where he or she has a right to be located. Ala. Code §13-A-23(b).

“The shooting at West Freeway Church of Christ in Texas was a sobering depiction of good vs. evil in our society today,” Marshall said in the statement. “Tragically, that congregation lost two of its members; yet mercifully, Jack Wilson spared the lives of many more. Texas law was recently updated to ensure that individuals like Mr. Wilson do not have to fear the threat of prosecution for carrying a firearm in a church that allows it.

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“Fortunately, Alabama can proudly say that it already offers this same protection. We urge every church in our state to adopt a church security plan that will better ensure the safety of their members during worship.”

In his statement, Marshall urged every place of worship in Alabama to adopt and implement a church safety plan. Any church seeking guidance on church security may call the Attorney General’s Office for more information at (334) 242-7300.


Jessa Reid Bolling is a reporter at the Alabama Political Reporter and graduate of The University of Alabama with a B.A. in journalism and political science. You can email her at [email protected] or reach her via Twitter.



Prison worker says excessive pepper spray may have killed inmate

A prison worker says the amount of pepper spray used was excessive, and that officers knowingly and intentionally put the inmate’s life in jeopardy.

Eddie Burkhalter



It’s not yet clear what caused the death of 38-year-old Darnell McMillian after he was pepper sprayed inside an Alabama prison last month, but a prison worker says the amount of pepper spray used was excessive, and that officers knowingly and intentionally put his life in jeopardy.

Some time around 6 p.m. on June 22, three correctional officers placed McMillian in suicide cell S-11, with an inmate who was known to be aggressive and who was already on suicide watch, according to a prison worker with knowledge of the incident, who reached out to APR to discuss the death because the person said it troubled them.

The ADOC worker asked not to be identified because the person is still employed with the department.

“He shouldn’t have been doubled up with somebody,” the worker said of the aggressive inmate already in cell S-11. “It was very clear that the person in that cell was threatening.”

The worker said the officers enticed the two men to fight, and once the inmate began threatening McMillian, McMillian took the first swing to hit the man.

The three officers standing outside then deployed a pepper spray called Cell Buster into the cell, the worker said. Cell Buster is a potent spray used by correctional staff and produced by the Chicago-based company Sabre.

“The inmate was yelling that he couldn’t breathe,” the employee said. “One Cell Buster is enough to do a lot of damage. There were three officers present at the time of this, and there were three cans of Cell Busters sprayed.”

The employee said that once McMillian was pulled from the cell, he was almost unconscious and then “went completely unconscious, because he was coughing and aspirating.”

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The cell was then cleaned by inmates, except for some spots of blood, which the worker said might make it appear to have been a homicide by the other inmate, but the worker said several staff members at the prison believe the death may have been caused by excessive use of pepper spray.

“He was on his back when they were getting him to the infirmary, which can also cause asphyxiation, especially if he’s coughing and saying he can’t breathe. That spray can make you vomit,” the worker said.

While there are video cameras that record each suicide cell, the worker said they do not believe there is footage from cell S-11 during the time of McMillian’s death. The employee said they’ve been through many incidents in the prison but that “this one seems pretty bad.”

The worker said it’s not clear why the officers encouraged a fight between the other inmate and McMillian, but from experience, the person said some officers will do so when an inmate angers them.

The employee said when they read APR’s first article on McMillian’s death, and there was little information on what happened, they decided to reach out.

“I’d rather share it and put it out there,” the person said. Some details of what the worker said were corroborated by the Jefferson County Coroner’s office.

Jefferson County Coroner Bill Yates told APR on Thursday that McMillian’s final cause of death awaits results from the autopsy, which can take between four and six weeks, but that there did not appear to be any external injuries that could have caused his death.

McMillian was pronounced dead at Donaldson prison at 7:49 p.m. on June 22, Yates said.

Yates, reading from his notes on the incident, said that in the moments before his death, there appeared to be a physical altercation between McMillian and another inmate, and that correctional officers used pepper spray to stop the fight.

“Obviously, Department of Corrections staff is going to step in to stop that, and it’s my understanding that after that, he was having complaints of not being able to breath,” Yates said. “I think they used — there was some pepper spray that was used to stop that, and he immediately went, from our understanding, to the infirmary.”

“From our autopsy, I don’t believe we found any type of trauma that would explain death,” Yates said.

His office is awaiting lab results, to include toxicology and other lab work to determine if drugs or an unknown medical condition may have been factors in his death, Yates said. McMillian didn’t have a history of any heart conditions, but Yates said lab results could reveal one if in fact he had a condition.

Asked if it’s possible to die from exposure to a large amount of pepper spray, Yates said “I haven’t heard of it, not to say it can’t happen.”

“I think you could pass away from extreme amounts of anything,” Yates said, but he’s never known of a death that resulted from large exposures to pepper spray.

Yates said there’s been no reports to his office of any other inmate in that cell, or any ADOC staff, experiencing health problems as a result of the incident.

A 2003 study by the U.S. Department of Justice’s National Institute of Justice on the use of pepper spray by police and corrections staff in North Carolina found that two cases of the 63 studied resulted in death from the use of pepper spray, and that both incarcerated persons who died had asthma. In only one of those cases, however, a large amount of pepper spray was used on the man, and the positioning of the man’s body may have been a factor as well.

“Pepper spray was used more times in this case than in any other, but according to police officers, it was ineffective. The subject, who was obese, was handcuffed behind his back and placed in a facedown position when being transported,” the report states. “The difficulty of breathing in this position may have been compounded by the damage already done to his airways.”

In June, a 35-year-old inmate named Jamel Floyd died after correctional officers at a federal prison in Brooklyn used pepper spray after he had barricaded himself in his cell. He was unresponsive when removed from his cell and prison staff were unable to revive him, according to CNN. The death was under investigation and the U.S. Marshals and the FBI were notified, according to a release by the Metropolitan Detention Center.

According to the Sabre’s own promotional video, Cell Buster is to be used in three-second bursts, with the correctional officer checking after each burst to determine if the “desired effects” have been produced, before using it for another 3-second burst. Cell Buster’s description states that the product “delivers pain, irritation, inflammation, coughing, temporary blindness and redness of skin.”

ADOC spokeswoman Linda Mays in a message to APR on Thursday said that the department’s Law Enforcement Services Division is investigating all aspects of the incident.

“While we would like to address your questions and provide insight that would be helpful to you, at this juncture in the process we simply cannot provide information that would compromise the integrity of our ongoing investigation. More information will be available upon the conclusion of our investigation into Daniel [sic] McMillian’s death,” Mays wrote.

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Seventh Alabama inmate dies after testing positive for COVID-19

Eddie Burkhalter



A seventh Alabama inmate has died after testing positive for COVID-19, and the man is the second person from the infirmary at the Staton Correctional Facility to have tested positive for the virus and subsequently died. 

Daniel Everett, 74, died Tuesday after testing positive for coronavirus at a local hospital, the Alabama Department of Corrections announced in a press release Wednesday. Everett, who had been housed in Staton’s infirmary due to previous illnesses, was tested after another inmate in the infirmary, 80-year-old Robert Stewart, tested positive for the virus and died on June 14

Coronavirus seems to be spreading among inmates and staff at Staton prison, where, as of Tuesday, there have been 17 confirmed cases among inmates and 23 among workers. That’s more confirmed cases than in any other state prison. Tutwiler prison follows closely behind at 39 confirmed cases — 10 among inmates and 29 among employees, one of whom died.  

ADOC also announced that an inmate at St. Clair Correctional Facility, one at the Julia Tutwiler Prison for Women and another at Staton prison all tested positive for COVID-19, bringing the total confirmed coronavirus cases among state inmates to 68, 43 of which remain active, according to the department. 

Of the state’s approximately 22,000 inmates, 329 had been tested as of Tuesday, according to ADOC

In addition to the new cases among inmates, ADOC said a worker at the Easterling Correctional Facility and an employee at the Alabama Corrections Academy tested positive for COVID-19. There have been 165 confirmed cases among ADOC staff, who are asked to self-report if they receive positive test results independently. ADOC has not offered free testing to staff. 

ADOC announced last week the first death of a prison worker, an employee at Tutwiler prison, who tested positive for COVID-19. 

Despite calls by Rep. Chris England, D-Tuscaloosa, and numerous criminal justice reform groups and advocates for incarcerated people for ADOC to increase COVID-19 testing and release as many of the very sick and older inmates as possible, who are more at risk from the virus, the department has not publicly indicated plans to do so. 

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ADOC Commissioner Jeff Dunn in an op-ed published in the Alabama Daily News on Monday wrote that he believes the depiction by some of prisons as petri dishes for the virus is not entirely off base, and said that “an enclosed environment housing a disproportionately unhealthy population where social distancing is virtually impossible, coupled with COVID-19’s highly contagious nature and long incubation period, creates a recipe for a potential health disaster if not managed correctly.”

But Dunn wrote that handling the pandemic in prisons “cannot be reduced to simple conversations about testing data or be solved through the sudden release of unrehabilitated inmates back into society.” 

As the confirmed coronavirus cases and deaths continue to increase in Alabama prisons, the virus is also surging outside prison fences and across the state. 

Alabama on Monday saw a new record number of patients in hospitals with COVID-19, and the number of new cases in the state has continued to reach record highs in recent days.

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How qualified immunity affected an Alabama man shot five times during a police sting

Eddie Burkhalter



Trinell King was driving his girlfriend’s car to give an acquaintance, Donavan Brown, a ride when a Warrior Police Department officer pulled him over because the car didn’t have a license plate.

King, who is Black, didn’t have proof of insurance or a driver’s license that September day in 2015, but gave the officer a photo ID.

Brown — on the other hand — gave a false name, and while the officer was back at his police vehicle, King told Brown to be honest with the officer, according to court records in a case over the incident. Brown told King that he had outstanding warrants and a gun. He was going to run.

Brown got out of the car and ran, and the officer ordered King out at gunpoint, handcuffed him and placed him in the back of the police car. King fully cooperated and told the officer that Brown had a gun. Even the responding officers, in court depositions, agreed that King fully cooperated.

Soon, King was surrounded by numerous white officers, one of whom testified in a deposition that King was “extremely cooperative from the beginning” and “willing to give [them] any information without having to really ask.”

King’s only crime was driving without insurance or a license, not something Warrior police usually arrest someone for, officers said in depositions, but he remained handcuffed while officers tried to coerce him into helping capture the armed man who’d ran from the scene.

“F— him [i.e. meaning King], you don’t want to help us out, we’re going to throw — we’re going to hit you with this charge, you gonna start f—ing us over, we’ll f— over you,” King said an officer told him, while testifying in a deposition.

Officers repeatedly threatened King that they would “f—” him “over” if he didn’t help.

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King said he was “nervous” and “scared” — that he “felt threatened.” He believed his “life was in danger,” according to court records, and after nearly two hours of coercion, he agreed to take part in a dangerous sting operation to capture Brown. Police officers in depositions disputed that they coerced King into helping them with the sting operation, and said it was his idea to do so, according to those records.

“With the negotiation, the threats, everything they was telling me, if I don’t cooperate they’re going to throw some charges on me, and they going to f— me over. So in the streets that means it could mean anything. It can mean being shot. It can mean being anything. My life —,” King said in a deposition.

Going along with the plan, an officer called Brown and put a cell phone to King’s ear while he was handcuffed. King told Brown what he was told to say: that police had let him go. He could come and pick Brown up. Police told King to drive his girlfriend’s car, pick up Brown and that they’d pull him over again.

Once again, an officer told King “if you f— over us, we’re going to f— over you,” according to the court documents.

Once King picked up Brown, the officers decided to pull him over before they had discussed, Brown pulled his gun and told King he “had” to shoot the officers, according to court records.

“King could not stop the car before Brown started shooting, and the officers returned fire,” King’s attorneys wrote in a court filing.

King, who wasn’t given a bullet-proof vest, was struck by bullets five times, and there were 20 bullet holes in the car. Brown was shot 13 times, but remarkably both survived. One officer was shot but was protected by a vest. King underwent multiple surgeries, but lost the use of one arm.

King’s case is an Alabama example of how the legal doctrine of qualified immunity prevents some who’ve been harmed by the actions of law enforcement from seeking relief from courts. Qualified immunity, a controversial doctrine established by Supreme Court precedent, protects government officials who have been sued in their individual capacity, unless their actions violate established legal precedent.

King sued, but a U.S. District Court judge in 2017 dismissed the case before it even went to trial on grounds of qualified immunity, and a three-judge panel of the 11th Circuit U.S. Court of Appeals in a June 5 ruling also found that the officers were protected by qualified immunity.

[What is qualified immunity?]

Despite the courts’ rulings, witnesses testified that the officers’ actions were improper.

Daniel Busken, a retired police chief and law enforcement consultant, testified in a deposition as a witness for King that the officers should have known they were putting King’s life at risk.

Busken said that the police “knew, or should have known, that their plan to force Mr. King to assist in their capture of Brown represented a significant danger to Mr. King’s safety … and an unpredictable situation for Mr. King,” because Brown “was a desperate man in a desperate situation that had showed how desperate he was.”

Another officer testified in a deposition that he was unaware of any plan to protect King’s life, or if the department had ever conducted such a sting before.

“Nevertheless, Defendants planned to have five vehicles and seven armed officers — all of whom planned to draw their guns on Brown — involved in the sting,” King’s attorneys wrote in an appeal.

The judges ruled that King could not bring his case before a jury to decide whether the officers should be held accountable for nearly costing him his life — not because his case lacked merit but because of the controversial legal doctrine of qualified immunity

Attorneys for King have appealed the 11th circuit panel’s ruling to the full 11th circuit court, and are asking all the circuit judges to reconsider, and to allow the case to go before a jury.

The attorneys argue that the officers violated his Constitutional protections. The June 5 ruling came at the peak of tensions between peaceful protestors and police, some of whom responded with tear gas and so-called rubber bullets.

The judges,  in their opinion, wrote that “even taking King’s testimony as true and drawing all reasonable inferences in his favor, there is no evidence that the officers threatened him with false charges” — because the officer’s didn’t say what he might be charged with if he didn’t go along with their plan.

“As for the alleged threats of physical violence, the evidence is similarly thin,” the judge’s wrote. “If the officers had told King ‘help us, or we’re going to f–k you up’ (or something like that) then King would have a more compelling argument. But that isn’t what he said they said.”

“Instead, King testified that the officers told him “[if] you don’t want to help us out, we’re going to throw—we’re going to hit you with this charge, you gonna start f–king us over, we’ll f–k over you. I don’t know where you get your car back,” the judges wrote.

King’s attorneys in the appeal to the full 11th circuit argue that the case should be heard by a jury of King’s peers, and that the all-white judges on the panel are “good people with good intentions” but that they are out-of-touch with “the common experiences of the people, especially Black Americans, and the reasonable inferences that they would draw from the totality of the evidence presented.”

“Suffice it to state that Black and other Americans of color, and a significant amount of White and other Americans, would come to a different conclusion than the panel, based on their different life experiences, which is the reason why the Founders insisted that the Seventh Amendment require trial by jury, and not by a panel of judges who do not have the same life experiences,” King’s attorneys wrote.

King told APR that he was left without a choice, forced to risk his life in a bid to help the officers, with whom he cooperated from the start.

“I can’t believe that the courts have given the officers who made me help them catch their suspect immunity after they forced me to go along with their plan to trap him. They knew he was armed and dangerous. They put on their bullet proof vests while I waited, and they made me go pick him up with no protection at all,” King said in a statement. “I had done everything I could to cooperate and even told them his name, that he had a gun and had warrants on him, but then they forced me to help them catch him.”

“I didn’t have any choice because they made it clear that if I didn’t go along with their plan they were going to hurt me,” King continued. “There was no doubt about that. I was one Black man surrounded by all these white cops who were threatening me. How can judges sit there and say what a jury would think about that?”

Spurred by the death of George Floyd, a Black man killed by a white police officer in Minneapolis, protestors and criminal justice reform advocates are calling for an end to qualified immunity, which they say allows police to escape responsibility for harming the public.

On June 19, in a tribute to Juneteenth, Colorado Gov. Jared Polis signed into law a series of law enforcement reform bills, included among them an avenue for Coloradans to sue police in state court if their rights have been violated. The Enhance Law Enforcement Integrity Act states that “qualified immunity is not a defense to liability.”

Colorado is the first state to pass such legislation barring qualified immunity as protection for officials, but the state law can’t stop such officials from claiming qualified immunity if a case is brought before a federal court instead of a state court.

That could change, if the U.S. Supreme Court ruled against such protections, but earlier this month, the Supreme Court passed up a chance to rule on the matter.

It was the U.S. Supreme Court in the 1967  Pierson v. Ray case that established qualified immunity as a doctrine as a protection against frivolous lawsuits, and over the years, courts have expanded the protection, and the doctrine still has its supporters.

Democrats have pushed for broad police reforms in the wake of Floyd’s homicide, including an end to qualified immunity, but many Republicans argue that doing so would result in frivolous lawsuits and discourage people from becoming law enforcement officers.

The U.S. House of Representatives on June 25 passed a series of policing reforms in a largely party-line vote, but the Trump administration is threatening a veto, and the measure has little support among Republican lawmakers, just three of whom broke ranks and voted for the House bill.

Democrats opposed a GOP proposal in the U.S. Senate, and said the bill didn’t go far enough, effectively stalling that bill and leaving the matter in limbo as protests against police brutality continue across much of the country.

Birmingham attorney Rip Andrews, one of King’s attorneys, told APR in a statement that he hopes the full 11th circuit considers the case in the current context.

“Qualified immunity has so far kept Trinell from having his day in court in front a jury. Win or lose — a day supposedly guaranteed by the Seventh Amendment,” Andrews said. “His only chance now is the hope that the full Eleventh Circuit reads his story in the context of our time and agrees to hear his appeal.”

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Sixth Alabama inmate dies after positive COVID-19 test

Eddie Burkhalter



A sixth incarcerated person in Alabama died Monday after testing positive for COVID-19, the Alabama Department of Corrections announced Monday. 

Wanda Gaye Dison, 68, who was serving at Julia Tutwiler Prison for Women in Wetumpka died at a local hospital Monday, according to the department. Dison was hospitalized for advanced, chronic health problems, was tested and found to be positive for coronavirus.

Dison’s exact cause of death is pending an autopsy. 

Two more inmates at Tutwiler tested positive for COVID-19, ADOC also announced Monday. One woman was asymptomatic but was tested for precaution during a transfer from another facility and was found to be positive, according to the release. The other woman was tested after showing symptoms. Both are now in medical isolation. 

There have been 29 COVID-19 cases among workers at Tutwiler and nine cases among inmates, according to the department. The prison was at 175 percent capacity in April, according to the department’s monthly statistical report. 

ADOC on Thursday announced that a worker at Tutwiler prison died after testing positive for the virus, becoming the first Alabama prison worker to have died after receiving positive test results. 

ADOC also announced eight new coronavirus cases among staff from five separate prisons, including the Birmingham Community Based Facility and Community Work Center, St. Clair Correctional Facility, Holman Correctional Facility, North Alabama Community Based Facility and Community Work Center and the Kilby Correctional Facility. 

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Forty-one of the 65 total COVID-19 cases among inmates remained active on Monday, while 82 of the 163 cases among staff were still active. Coronavirus cases have been confirmed in 27 of the state’s 32 facilities.

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