MOBILE, Ala. (WKRG) — Testimony in court Tuesday revealed new details about the night five people were shot at a high school football game in Mobile.

Hezekiah Belfon appeared in a Mobile County courtroom, hearing the facts in the case against him. Belfon is accused of shooting five people at the Williamson – Vigor football game last October. Two other people were charged in the shooting, Jai Scott and a teenager who has not been identified.

“Our position is is the defendants are engaged in unlawful activity by possessing a handgun, not being allowed to have possessed a handgun within that facility. Persons that are engaged in unlawful activity have a duty to retreat,” said Louis Walker, an Assistant District Attorney for the Mobile County District Attorney’s Office.

The Mobile police detective over the case testified there was some sort of disagreement between Scott and one of the victims, Jakobe Morgan, before the shooting.

He testified the three suspects were on the ramp with their backs turned toward a group of about 18-23 people. Some, including Morgan, were running toward the three. He said there was no evidence they had any sort of weapon.

The detective testified seconds later Belfon turned around and started shooting.

Belfon’s lawyer says he was defending himself.

“It’s obvious, look you’ve got two dozen guys that are jumping my guy, that are jumping my client, he has no obligation to be beaten to death,” said Yancey Burnett, Belfon’s lawyer.

Detectives said they have reviewed surveillance video that shows the three suspects in the shooting leaving the stadium about 15 minutes before the shooting. Detectives said that’s when Belfon and the teen armed themselves.

The state argues it was illegal to have a gun at the stadium, so any use of force is not justified in this case.

“Instead of making any effort to retreat, the defendant fired a gun multiple times, striking five individuals, and then fled the state,” said Walker.

Belfon’s lawyer argues his client, Scott, and the teen were being threatened throughout the football game, and they tried to get away from the other group.

“He left the stadium trying to avoid the confrontation. He wasn’t going to arm up, he was going to get away from them. And then the juvenile wanted to go back in because he had a girlfriend,” said Burnett.

The case now goes before a grand jury.

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