Beth Shelburne

He's in charge of all state prosecutions in Alabama's largest jurisdiction and is working with police in the Deputy Hardy murder investigation.

When Jaffe sees Barber, he walks over to him.

The choice detectives are giving are Dragus.

Either he gives them information about Hardy's murder or he'll be charged with the crime.

According to Jaffe, David Barber offers Ardragus immunity from prosecution in exchange for naming Taforist as the shooter.

Jaffe says Barber handwrites the immunity agreement on a piece of paper and gives it to him.

The next day, the Jefferson County Sheriff's Office announces formal charges in the murder of Deputy Bill Hardy.

All four people charged with capital murder are young black men.

Based on the changing stories of Yolanda Chambers, detectives believe at least six people were in the parking lot behind the hotel when Hardy was shot.

Yolanda and LaTanya, Taforest and Ardragus, and the two other people Yolanda identified in photos, Omar Berry and Quintez Wilson.

The headline in the Birmingham News reads, Police Confident They Got Right Men in Deputy Slaying.

Sounds like an open and shut investigation.

But pull back the curtain, or in this case, open up the investigative file, and the inner workings tell a different story.

I'm Beth Shelburne.

This is Ear Witness.

Chapter four, witness or defendant.

The tactic the state uses with Ardragus, telling him he can either be a witness or a defendant, Detective Tony Richardson repeats it over and over during Deputy Hardy's murder investigation.

You are in a position now to be one of two things, okay?

You can either be a witness

or you can be a defendant.