'Stand your ground' defense granted in 4-year-old girl's fatal shooting case

BIRMINGHAM, Ala. — A murder charge was dropped against a Jefferson County man after newly-released court documents about the death of a child, revealed a twist about the bullets.

In July 2017, a four-year-old girl died after being caught in the crossfire of a shooting in Birmingham. A 68-year-old innocent bystander was also injured. Tuesday, a Jefferson County Judge upheld the murder suspect's "Stand Your Ground" defense in the child's fatal shooting.

In Circuit Judge Virginia A. Binson's "Stand Your Ground" order, she wrote, "Detective Jeffrey Millier testified that a fragment consistent with a .40 caliber had inflicted the fatal wound to the child." The shell casings from defendant Darrell Hutton's 9mm gun did not match the bullet fragments found in the child's head, and that the defendant was acting in self-defense.Judge Millier ruled that without question, Hutton found himself in a position where he was in imminent fear of losing his life and was justified in defending himself.

As a result, defendant Hutton's murder charge was dismissed.

Deputy District Attorney Michael Philpott says, "I knew that it would probably be a difficult decision for the judge. However, I feel we did present some evidence that might refute the defendant’s self-defense claim. Right now we’re looking into whether or not we can appeal the judge’s ruling. We aren’t sure at this point. We have not appealed one of these types of adverse rulings in the past."

On the day of the deadly shooting, Hutton says he was sitting on the passenger side of a car when Antonio Fowler approached his rolled-down window. An argument ensued which lead to an altercation. He claims Fowler then put a gun to his head, pulling the trigger multiple times but failing to fire.

Hutton's Defense Attorney Scoot Boudreaux says his client did everything within the letter of the law.

Boudreaux says, “He was so unlucky. And it was clear he was just sitting there, minding his own business, and this guy comes up and tries to kill him, sticks a gun in through the window and shoots at him.”

Hutton was able to knock Fowler off balance by opening the car door, he claims. Hutton says seconds later, he pulled out his 9 mm gun, firing at Fowler who was running back to his own car, still attempting to fire. Hutton claims he fired because he was "scared for his life and was defending himself." Hutton testified he heard other shots coming from an unknown source.

Fowler testified that he and the other man in his car tried to take off while Hutton was firing at him. He admitted to trying to assault Hutton but said he wasn't trying to kill him. Fowler, corroborating Hutton's statement, also believed someone else was firing at the same time, he said. It wasn't until they'd pulled away from the scene that Fowler realized his friend's four-year-old daughter in the backseat had been shot.

Boudreaux believes this case should not have gone to court.

“I just think that it’s unfortunate that this guy has spent seven months in jail. He’s been locked up because he didn’t make bond until we can get this hearing done," Boudreaux says.

The DDA says right now he hopes to learn by the end of the week whether they can and will appeal the case.