A Phil Campbell man facing an attempted murder charge is asking a Franklin County Circuit Judge to dismiss the case based on Alabama's 'Stand Your Ground' law.
Elton Lee Strickland, 51, was arrested in January after Franklin County Sheriff's Office investigators charged him with the attempted murder of 52-year-old Jimmy Avery.
According to sheriff's investigators, Strickland and Avery got into an argument about loud music playing on Echo Ridge Road. When sheriff's deputies arrived, they found Avery with gunshot wounds to his torso. Avery had also been grazed by bullets in his neck and head area, investigators allege.
An investigation revealed that Strickland shot Avery multiple times with a 9mm pistol, according to sheriff's investigators. Avery is married to Strickland's ex-wife, investigators said.
Law enforcement reports indicate Avery was sent to Huntsville Hospital after initially being transported to Russellville Hospital.
Strickland was indicted on the charge of Attempt to Commit Murder by the March 2025 Franklin County Grand Jury.
Strickland's attorney, John McReynolds of Russellville, filed a motion for an immunity hearing pursuant to Albama Code Sec. 13A-3-23.
That code section, known as Alabama's 'Stand Your Ground' law, allows the use of physical force, including deadly physical force, in self-defense without a duty to retreat if a person is in a place they have a right to be and are not engaged in unlawful activity. This is a change from previous laws that included a duty to retreat if it could be done safely.
According to Strickland's motion, he maintains Avery 'was the initial aggressor and any actions taken by (Strickland) were to protect himself from being assaulted and/or killed.'
The State of Alabama has the burden to show the Court there was probable cause the degree of force used by the defendant was unlawful and/or excessive.
It's further alleged in Strickland's motion that there was only one eyewitness to the shooting other than Strickland and Avery. Strickland maintains that investigators never interviewed this eyewitness, who will be called by Strickland to testify at the immunity hearing.
The Motion for Immunity Hearing has not been set for a hearing, as the indictment was issued just last month. The motion will be decided by Franklin County Circuit Judge Brian Hamilton. If denied, Strickland's case will be tried before a jury. If Hamilton grants the motion, the attempt to commit murder charge would be dismissed as a matter of law.
Strickland remains in the Franklin County Jail on a bond revocation.
Prior to the shooting incident, Strickland was facing felony charges of opium trafficking and illegally possession of a firearm. Those cases remain pending in Franklin County Circuit Court.
After Strickland's arrest on the attempted murder warrant, the State of Alabama filed a motion to revoke his bond based on the new charge.
As with all defendants charged with a crime, Strickland remains innocent until and unless proven guilty in a court of law.
