Decatur murder defendant appears for stand-your-ground hearing

Nov. 6—A Decatur man charged with murder in the 2021 shooting death of a business owner testified at a stand-your-ground hearing Tuesday, and a Morgan County judge will now decide if deadly force was justified.

Spencer Harwell, 47, has remained in the Morgan County Jail since he was arrested by Decatur police at Decatur Door Service, located at 3023 U.S. 31 S., on June 10, 2021.

There, police found the owner of the business, Frankie Smith Jr., 62, suffering from a gunshot wound to the head. Smith was transported to Decatur Morgan Hospital where he was pronounced dead.

"I thought he was going to kill me," Harwell testified Tuesday. "He was very unhinged."

Harwell, who was on probation at the time for a felony drug conviction, had been living in an apartment at the business for several months. According to testimony at a 2021 preliminary hearing, he told responding officers that he killed his "best friend."

Police said they recovered several firearms from the scene and over an ounce of meth. Harwell was indicted by a Morgan County grand jury for murder and drug trafficking in 2022.

A shackled Harwell appeared alongside attorney Richard Jensen in Circuit Judge Stephen Brown's courtroom Tuesday morning. Chief Assistant District Attorney Garrick Vickery represented the state. The matter at hand was whether Harwell was justified in using deadly force in accordance with Alabama law, which allows such force to be used in specific circumstances, such as when a person reasonably believes another person is about to use unlawful deadly force.

If the defendant does not meet the burden of proving criminal immunity at the hearing, he may still pursue a self-defense strategy at trial, in which case the state continues to bear the burden of proving guilt beyond a reasonable doubt.

Jensen called Harwell as the defense's only witness. Harwell said Smith became angry at him after a woman arrived at the business to pawn a firearm, and Harwell purchased it while Smith was indisposed. Harwell said he intended to give the firearm to Smith.

The pair then drove to Lynn Layton Chevrolet, according to Harwell, before returning to Decatur Door Service.

"He was cussing me and yelling at me," Harwell said. "I went in my apartment and closed the door and locked it."

Harwell said Smith continued to yell and bang on the wood door, which had a small window. The window then "blew open," Harwell said, before he opened the door to see Smith standing 6-7 feet away holding a tire iron.

"That's when I shot," Harwell said. "I was trying to shoot over his head."

The defense characterized it as a "warning shot" from a .40-cal Glock 23, a different firearm than the one purchased earlier that day. Harwell said he stayed at the scene and called his father but did not call 911.

Harwell agreed with Jensen that he "negligently" and "recklessly" pulled the trigger. He said he regularly shared drugs with Smith, although he denied using drugs that day. "I never intended to shoot him," he said.

Throughout questioning, Jensen several times referred to Smith's "history of violence" and alluded to previous criminal convictions. Smith pleaded guilty to misdemeanor assault and cruelty to animals in 2019, according to court records.

On cross-examination, Vickery pressed Harwell about the rules of his probation and the sale of the gun. Harwell said Smith was "mad at him" about buying the gun.

"He (Smith) says, 'Get your s*** and get out,'" said Vickery. "What did you do?"

Harwell said he stayed locked in his room.

"When did you arm yourself?" asked Vickery.

"When the window broke," replied Harwell. "I was trying to snap him out of his rage."

Vickery asked Harwell if he meant to kill Smith.

"Absolutely not," said Harwell. "He was my best friend."

At the conclusion of Harwell's testimony, Vickery moved the court to dismiss the stand-your-ground defense. He emphasized that "self-defense is an intentional act" and that Harwell's testimony indicated the shot was accidental. He argued that the defense could not claim it was both an accident and self-defense.

Court was then adjourned for roughly 30 minutes while Brown reviewed case law before ruling on Vickery's motion. Brown decided that the "intended conduct" and not the "intended result" — in this case, the death of Smith — dictates whether a defendant can claim self-defense.

"For now, he (Harwell) has voiced his belief that he required self-defense," said Brown, who ruled that the hearing could continue.

Vickery called Brandon Atchley, who worked at Decatur Door Service at the time, as a witness. Atchley said he heard Harwell and Smith arguing before and after the trip to Lynn Layton.

"Frankie was telling him to get his stuff and get out," Atchley said. "About that time, Spencer's arm went up and he shot him."

Atchley said there was a "big pile of stuff," or door manufacturing items, between Harwell and Smith when the shot was fired. He said he immediately called 911, prompting Harwell to say, "Tell them it was an accident or that he was attacking me."

Vickery called Morgan County sheriff's investigator Tony Vest next. Vest worked for Decatur police at the time of Smith's death and was the primary investigator on the case.

Vest said the "pile of stuff" referred to by Atchley was roughly 3 feet high and 15 feet wide. He said Harwell told police that "he was standing in his doorway, and Frankie charged him with a tire iron." Vest said, when responders arrived, there was a tire iron near Smith's body but not in his hand.

Vest said investigators considered self-defense as a possibility but ruled it out. He said Harwell "one hundred percent" had the opportunity to retreat into his room.

A bunkmate of Harwell's at the Morgan County Jail claimed Harwell said, "I shot a man between the eyes execution-style," according to Vest.

On cross, Vest said he wasn't aware of Smith's prior convictions at the time of Harwell's arrest. Jensen showed him autopsy photos of Smith's knuckles and suggested that the wounds came from beating on Harwell's door. Vest declined to speculate on the wounds.

"We'll just leave it in your hands," Jensen told Brown after testimony concluded.

"We just don't believe the defense has met their burden," said Vickery. "We'll leave it at that."

Brown ordered that the defense has 10 days to file a brief in support of their stand-your-ground argument, and the State will then have 10 days to respond. Afterward, Brown will make his ruling.

Should the case move forward, it's expected to go before a jury sometime next year.