MIDLAND CITY, Ala. (WDHN) — Micaela Newby is charged with attempted murder after police say she shot a man five times during an argument at a basketball court in Midland City, but her attorney says she was just trying to defend her children and that she has a good case for the stand-your-ground defense.
Newby was watching her kids play basketball in mid-September at a basketball court in the Kelly Avenue Neighborhood in Midland City when a man walked up to play ball with the kids.
Officers say the kids and the man were talking with each other on the court and Newby didn’t like what was being said, so she approached the man.
“She simply tried to remove the children from that situation,” Attorney for Newby, Andrew Scarborough said. “In fact, it was their basketball and she told the children to leave the basketball. At this point, the man blocked her exit.”
Scarborough says that Newby was physically attacked by the man. That is when police say she shot him five times with her gun.
“She did what any lawful gun owner would do and that is she protected herself,” Scarborough said. “She felt that her life and her children’s lives were in danger and protected herself.”
The man’s condition was considered to be non-life threatening and he is expected to recover, but Scarborough says the victim wasn’t even the one to report the shooting to the police. A man he says appeared to be intoxicated the night of the shooting.
“The individual that is quote un quote the alleged victim in this case left the scene,” Scarborough said. “The person who called 911 was Ms. Newby.”
Scarborough says that Newby’s next court appearance is scheduled to take place on October 24. The appearance is a preliminary hearing, where a judge will decide whether or not to send Newby’s case to a grand jury.
If Newby is indicted on the attempted murder charge, Scarborough says they will file for a stand-your-ground immunity hearing in the case.