BAY MINETTE, Ala. (WKRG) — Two weeks after an officer-involved shooting in Foley, the suspect is out of the hospital but is not under arrest. 33-year-old James Walker Stewart was shot during a fight with a Foley police officer after allegedly grabbing the officer’s gun during his attempt to avoid being arrested. According to Baldwin County Sheriff Hoss Mack, that arrest could happen sooner rather than later.
The man Foley Police say ran from a traffic stop, fought with an officer and eventually was shot by that officer on Brinks Willis Road near James Road, is home from the hospital but not in jail, yet.
“The case is still under investigation however I can report on behalf of the MCU it is nearing a conclusion,” says Baldwin County Sheriff Hoss Mack. “We are awaiting just two other pieces so that we can proceed and at the time that the investigation is concluded I feel confident there will be charges coming.”
Those charges leveled at 33-year-old James Walker Stewart. He is no stranger to law enforcement. He has been booked into the Baldwin County Jail at least 17 times since 2005 on non-violent offenses like property crimes, drug charges. “We do not believe he is a public threat to anybody and hopefully we will have the case concluded relatively soon and present this to a court to see if there will be enough evidence for a conviction,” says Mack.
During his ten-day stay in the hospital, the Sheriff says investigators have been monitoring his medical status. “He suffered a fairly paralyzing type injury that is still to be determined so, he is incapacitated to a certain degree.”
Stewart’s family has retained legal counsel and released this statement to News Five. “My brother is a fighter and his entire family is behind him and we know what really happened and soon enough everyone else will too.”
More answers into what happened could come as soon as next week along with state and possibly federal charges being filed against Stewart.
The Foley officer that shot Stewart remains on administrative leave.
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