The resolution approved Thursday, Aug. 9, 2018, by the Huntsville city council that allows the city to pay for the criminal defense of police officer William Darby, who has been indicted for murder. The resolution presented here does not include an amendment added by the council capping the expenditures at $75,000. Further expenditures will require council approval.
The resolution approved Thursday, Aug. 9, 2018, by the Huntsville city council that allows the city to pay for the criminal defense of police officer William Darby, who has been indicted for murder. The resolution presented here does not include an amendment added by the council capping the expenditures at $75,000. Further expenditures will require council approval.
The resolution approved Thursday, Aug. 9, 2018, by the Huntsville city council that allows the city to pay for the criminal defense of police officer William Darby, who has been indicted for murder. The resolution presented here does not include an amendment added by the council capping the expenditures at $75,000. Further expenditures will require council approval.
RESOLUTION NO. 18-
WHEREAS, HPD Officer William Darby, believed to have been acting within the line and
scope of his duty and in his official capacity as a police officer for the City of Huntsville, along with
fellow officers answered a call for service regarding a possible suicidal person, on or about April 3,
2018, which resulted in Officer Darby using deadly force; and
WHEREAS, an Incident Review Board was convened by the Huntsville Police Department on
April 18, 2018, to examine evidence and hear testimony related to the incident, and the Board
unanimously concluded that the actions of Officer Darby were proper and consistent with his training
and departmental policy; and
WHEREAS, the District Attomey for Madison County convened a grand jury to review Officer
Darby's use of force, whereupon Officer Darby was indicted for murder based upon actions taken in the
course of his employment with the City of Huntsville as a police officer, which actions are believed to
have been taken in good faith, consistent with his training, and in the line and scope of his employment;
and
WHEREAS, funds are needed to employ legal counsel for Officer Darby, a City employee who
is believed to have acted honestly and in good faith in his official capacity for the City; and
WHEREAS, it is in the proper corporate interest of the City of Huntsville to provide financially
for the legal defense of our employee, Officer William Darby, who is believed to have been acting
within the line and scope of his employment, at the time of this event.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville,
‘Alabama that the Mayor is hereby authorized, requested, and directed, on behalf of the City of
Huntsville, to pay the legal costs associated with employment of legal counsel for Officer William
Darby to defend him as to the charge of murder lodged against him arising out of his actions taken on
April 3, 2018. All such costs, prior to payment, shall be reviewed by the City Attomey as to
reasonableness, and payment shall be subject to a determination of reasonableness by the City Attorney.
Furthermore, authorization for such costs shall extend only to the trial level of such criminal
proceedings. The issue of authorization to payment of legal costs relative to appeal, if any, is reserved.
This action is based upon determination by the Council that itis in the proper corporate interest of the
City of Huntsville,
ADOPTED this 9" day of August, 2018.
President of the City Council of the
City of Huntsville, Alabama
APPROVED this 9" day of August, 2018.
Mayor of the City of Huntsville, Alabama