Grand jury acquits deputyPublished 4:47pm Friday, July 19, 2013
An Elmore County grand jury found no need to charge a deputy for shooting and killing a Slapout man in mid-March.
Elmore County Sheriff’s deputies responded to a Hogan Road residence around 10:54 p.m. March 19 to check on the welfare of 34-year-old Jeremy Acre’s wife and children.
Acre met the deputies at the front door with a handgun, which deputies heard him “rack” to put a bullet in the chamber.
The former Montgomery firefighter was told by deputies repeatedly to put down his weapon until he was tased.
After Acre fell to the ground, he pulled the prongs from his chest and raised the gun back up at the deputies.
The supervising deputy fired one shot in Acre’s upper torso area. Acre later died at the scene.
“Since the ABI was the investigating agency, they came to testify as well as (Acre’s) widow and her mother,” said Randall Houston, district attorney for the 19th judicial circuit. “After the testimony, we leave it up to the grand jury to decide whether he is charged or not.”
Doyle Fuller, who is representing the Acre family, said a civil lawsuit is “very likely.”
Fuller contends Acre had every right to “bear arms in his own house.”
“The two deputies knocked on his door, and he went to the door with a pistol in his hand. They told him to put the gun down, which they don’t have the right to do,” Fuller said. “When he refused to put it down, to put a long story short, they killed him.
“I asked the district attorney, which I have the upmost respect for, if Jeremy Acre were alive today what would his crime be and (Houston) said he didn’t know.
“So that leads to the question if he didn’t commit a crime, then why did he get the death penalty?”
Houston said Acre had every right to bear arms.
“But where he is wrong is the use of those arms,” Houston said.
Houston referenced the Code of Alabama, citing Section 13A-3-23 (4)(d) which says, a person is justified to use deadly force except in a case in which “the person against whom the defensive force is used is a law enforcement officer acting in the performance of his or her official duties.”
“And the deputies were performing their official duties,” Houston said.
Fuller said civil action will not be made immediately, noting there is a two-year statute of limitations.