Kenneth Don Malone, 58, of the New Canaan community just south of Arab, is scheduled to have a stand-your-ground hearing in Cullman County Circuit Court next month.
Malone was arrested in August and charged with manslaughter in the shooting death of Joshua Adam White, 35, of Guntersville.
The shooting happened at Malone’s residence on Monday, July 16, 2018.
Malone was booked into the Cullman County Detention Center and was released after posting a $60,000 bond.
He was indicted by the Cullman County grand jury.
Very few details about the shooting have been released.
The Cullman County Sheriff’s Office said at the time of the shooting it was investigating the shooting.
“We are in the early stages of our investigative process, and I ask the public’s patience as we investigate. We will work closely with the District Attorney’s Office throughout the investigative process. The case will then be turned over to the DA’s Office for a final determination of prosecution,” Sheriff Matt Gentry said on July 17.
It is believed the shooting stemmed from a domestic incident.
At the stand-your-ground hearing, Malone’s attorney will argue before a judge that Malone shot White in self defense.
Under the old Alabama stand-your-ground law, a person would have to retreat from a threat and use violence only as a last resort. The law was changed to remove the “retreat” language.
Under the current law, if one feels threatened, he/she can “stand-your-ground” to defend himself/herself.
The hearing is set for July 23 at the Cullman County Courthouse.