Manslaughter charge added to man accused of murdering former Auburn football player

The man accused of murdering then-Auburn football player Jakell Mitchell was indicted on charges of manslaughter and forbidden possession of a firearm.

A Lee County grand jury indicted Markale Hart, who is facing a murder charge for the Dec. 2014 fatal shooting of Mitchell, on the additional charges last month.

Lee County District Attorney Brandon Hughes said the jury serving in Hart's retrial on Feb. 26 will have murder, manslaughter, and certain persons forbidden to possess a firearm to decide on.

Attorney Jerry Blevins, who filed a motion to withdraw as Hart's attorney last week citing "an irreconcilable conflict," filed a notice of limited appearance on Monday to resume defending Hart in the murder trial as well as his arraignment on the additional two charges on Feb. 9.

Blevins confirmed he will serve as Hart's counsel, clarified his limited appearance is to reflect that he will not represent Hart in the event of an appeal, should he be convicted, and called the additional charges "frivolous."

"The Court has previously held that the evidence does not support a manslaughter charge and the weapon charge is without a basis based on the evidence adduced at the first trial," Blevins said. "This is merely a stunt by the DA to try and breathe life into a meritless case."

Hart was tried in December, nearly three years after Mitchell was fatally shot at the Tiger Lodge at Auburn apartment complex on Dec. 14, 2014, but Lee County Circuit Court judge Christopher Hughes declared a mistrial after the jury was unable to reach a verdict and a juror's misconduct.

A hearing regarding juror instructions for the re-trial was scheduled for Tuesday morning.

During a May 2016 immunity hearing, Hart admitted to shooting Mitchell, but claimed it was in self-defense.

Hart still faces a felony gun charge, DUI, open container and improper lane change in Tallapoosa County from his Feb. 2017 arrest in Dadeville, when he was out on bond for the murder charge.

James Crepea is an Auburn beat reporter for Alabama Media Group. Follow him on Twitter @JamesCrepea.

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