Birmingham Man Claims Self-Defense in Deadly Shooting, Denies Football Game Dispute

A 22-year-old Birmingham man named Emanuel Tolbert III is going on trial for murder after being denied legal protection under Alabama’s Stand Your Ground law. He is accused of killing 27-year-old Kealend Amad Pickens in October 2021 at a house in Bessemer.

At first, police said the two men were fighting over the Alabama vs. Texas A&M football game. However, during a recent hearing, Tolbert said they were actually arguing about a shooting that happened to him a week earlier. He claimed Pickens had pistol-whipped him and pointed a gun at him, which made him feel his life was in danger, so he shot Pickens in self-defense.

Jefferson County Circuit Judge David Carpenter ruled that there wasn’t enough evidence to drop the murder charges, but the jury might still be allowed to consider the self-defense argument during the trial.

The two men had gathered at Tolbert's cousin's house to watch the football game. According to Bessemer police, the argument started over which football team was better. The homeowner’s brother asked them to leave because they were fighting. Once outside, shots were fired, and Pickens was killed before the game ended.

Prosecutor Chuantae Brown is handling the case against Tolbert, while attorney Leroy Maxwell is defending him. Under Alabama’s Stand Your Ground law, a person can use deadly force in self-defense if they believe their life is in immediate danger, they aren’t doing anything illegal, and they are in a place where they have the right to be.

Tolbert testified that Pickens was acting aggressively when he arrived at the house. He claimed that the argument wasn’t about the football game but about who had shot him in the head a week before. After they were told to leave, Tolbert said Pickens hit him in the head with a gun, and when he turned around, he saw Pickens pointing the gun at him. Scared for his life, he shot Pickens.

Prosecutor Brown argued that Tolbert lost the right to claim self-defense once he was forced to leave the party. She also pointed out that he left the scene instead of waiting for the police.

A former detective, Roger Eubanks, testified that no one else saw Pickens with a gun, though Tolbert said he did. The gun found near Pickens was inoperable, only a frame without a slide, which raised questions about whether Tolbert could have known it wasn't working.

Testimony revealed that Pickens was shot eight times. The jury selection for Tolbert’s trial is set to begin Tuesday, and he is currently out on bail.