ELMORE COUNTY, AL (WSFA) - A fourth teen suspect in a 2015 police shootout will stand trial in Elmore County. A jury was seated Monday in the armed burglary case that claimed the life of one of the five teen suspects.
LaKeith Smith,19, is the only defendant not to accept a plea deal.
Smith is charged with felony murder, two counts of first-degree armed burglary, and first and second-degree theft. Three of the charges are class "A" felonies, which each carry a criminal penalty of up to 99 years in prison.
Smith's co-defendants: Jhavarske Jackson, Jaderrian Hardy, Le'Anthony Washington could be called to testify in the trial.
All the defendants in this case were charged with felony murder because suspect A'Donte Washington, who was with the four defendants at the time of the incident, was shot and killed during the commission of the alleged armed burglary.
Authorities say a neighbor reported suspicious behavior on the street and Millbrook police were dispatched to the area. A Millbrook officer went around the back of the house, which is when authorities say A'Donte Washington charged the officer and fired a shot.
The officer returned fire, fatally wounding Washington.
An Elmore County grand jury later cleared the officer of any wrongdoing, stating he was justified in the use of lethal force.
Smith was 15 at the time of the incident and was initially charged as a juvenile. Later it was determined he would be tried as an adult. Court records state Smith was in possession of a gun at the time of the incident.
Smith didn't make eye contact with the 30 potential jurors during the two-hour long jury selection on Monday. Attorneys seated a panel of 13 jurors: six men and seven women.
Opening statements are scheduled for Tuesday. There's no word if Smith will testify.