Death penalty off the table in fatal Wetumpka drive-by shooting

WETUMPKA — Capital murder charges are still being sought in a March 2016 Wetumpka drive-by shooting that left three people dead, but the death penalty will not be a punishment considered if there is a conviction.

Marcus "Bubba" Edwards, 36, of Elmore County, faces capital murder charges, two murder charges and an assault charge, courthouse records show. The case was re-indicted by a recent session of the Elmore County grand jury after Daryl "Bunny" Hunt, 48, of Wetumpka, was removed as a victim in the case, said C.J. Robinson, chief assistant district attorney.

"The investigation continued and forensic evidence showed that Daryl Hunt died of a self-inflicted gunshot wound," Robinson said.

Earlier testimony in a 2016 preliminary hearing brought out that Hunt died after being shot in the leg, with the bullet striking his femoral artery.

Reports show that Hunt allegedly returned fire during the melee, shooting a 9 mm handgun until it ran out of ammunition. He then attempted to retrieve a .25-caliber handgun from the front pocket of his pants, and in the effort shot himself in the upper leg.

Prosecutors believe Hunt was the intended target the afternoon of March 19, 2016 when Edwards allegedly drove to a home in the 700 block of Ouiwatumpkis Street in west Wetumpka and opened fire with a 9 mm handgun. Hunt was among a group of people standing outside. 

The indictment reads that Edwards is charged with capital murder in the shooting deaths of Deosha Jackson, 19, of the Frog Level neighborhood. She was a bystander and was struck in back as she attempted to run away, previous testimony brought out.

Edwards is also charged with capital murder in the death of Jacoreian Jennings, 24, of Wetumpka, another bystander. Jennings was shot six times in his torso and leg, testimony showed.

Hunt and Jackson died at the scene, and Jennings died from his wounds several days later in the hospital. Capital murder charges are sought because two or more people were killed in the same criminal enterprise, Robinson said.

"We will prove that while Marcus Edwards was shooting at Daryl Hunt with the intent to kill Daryl Hunt, when he in fact shot and killed Deosha and Jacoreian," he said. "That's why we decided not to pursue the death penalty. It's an unusual case. Marcus Edwards did not set out that day to murder Deosha and Jacoreian, but that was the result of his actions.

"And the statute allows a capital murder charge when two or more people are killed in the same criminal enterprise."

If convicted of capital murder, Edwards' only sentence would be life in prison without the possibility of parole.

The indictment also charges Edwards with the murder of Jackson and Jennings and the assault of Rodericka Jones, 24, of Wetumpka, another bystander. Jones was struck once in the finger and had a graze wound to his neck, tesimony brought out.

Prosecutors have not released a motive in the case, only pointing to an ongoing disagreement between Edwards and Hunt.

Edwards has been in the Elmore County Jail since his arrest shortly after the shooting. In July 2017, he was indicted on capital murder charges. He has been held with no bond, typical in a capital case. With the recent re-indictment on capital murder charges, Circuit Judge Sibley Reynolds has maintained the no bond order, courthouse records show.

Defense attorneys Robin McIntyre, of Dadeville, and Tom Azar, of Montgomery, say they are concerned with the delay in the case and the fact Edwards has remained in jail for more than four years awaiting trial. No trial date has been set, but a date could be set for the spring.

Robinson defended the no bond in the case. Evidence brought out in the preliminary hearing showed the Edwards allegedly fired 12 rounds that day, with 10 bullets finding their marks.

"Marcus Edwards drove past a home in a residential neighborhood in broad daylight and fired a dozen rounds into a crowd of people," Robinson said. "That action is ample evidence that he is a threat to the community and needs to remain in jail." 

Contact Montgomery Advertiser reporter Marty Roney at mroney@gannett.com.