According to a recent news report from WSFA, two men were involved in what is being called a machete fight. Morgan County sheriff’s deputies say they found defendant and another man “facing off” against each other. Both men were allegedly armed with machetes or “machete-like” edged weapons.
The two men were allegedly using the weapons in a fight while in the middle of East Pike Road in Falkville at the time deputies arrived. A spokesperson for the sheriff said they believe the situation would have resulted in serious injury or death had they not arrived on the scene.
The incident is still under investigation, but, at this point, deputies believe a 50-year-old man from Falkville entered a home between 8 p.m. and 9 p.m. on the night of the incident. They believe he was armed with a large knife when he entered the home and threatened to kill the occupant of that home while his wife and children were present in the home. At this point, the occupant of the home supposedly grabbed a machete from his home and followed the other man into the middle of the street. The two men were facing each other brandishing the large knives, when the deputies arrived and disarmed both of them. No one had been injured by the time law enforcement personnel had arrived.
The suspect, who allegedly threatened victim, was placed under arrest for disorderly conduct as well as burglary. As our Birmingham criminal defense attorneys can explain, burglary is defined as the breaking and entering of a residence, boat, or business with intent to commit a felony therein. The requirement that a felony was necessary has its roots in British common law, but that has been replaced with felony or misdemeanor in modern usage, so, essentially, an intent to commit any criminal offense once inside the residence would be enough to substantiate the charge of burglary.
In this case involving the machete fight, the breaking and entering with the express intent to kill the occupant would be sufficient probable cause to arrest suspect. It should be noted, suspect in this case is presumed innocent and will remain innocent unless and until he is proven guilty in a court of law beyond a reasonable doubt.
In the state of Alabama, burglary is considered a Class A felony. Suspect was initially held on $20,000 cash bond, but this only temporary. A judge will be setting a permanent bond on the case next week, after a full bail hearing and opportunity for the government and defense attorney to argue their respective positions. It is common for a temporary bond to be set right after the incident, because a prisoner can only be held for a matter of hours before a bail is set.
There has been no mention that the man who was in the home was charged with any crime in connection with the incident. There has also been no mention of the deputies having any idea as to why the defendant entered victim’s home and threatened to kill him in front of his wife and kids.