Prichard police officer accused of domestic assault faces new charges

Markell Carter, estranged girlfriend trade new as prosecutors seek to revoke defendant’s bond accusations
Published: Apr. 29, 2022 at 5:40 PM CDT
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MOBILE, Ala. (WALA) - A Prichard police officer and his estranged girlfriend, who accuses him of assaulting her, are trading new allegations.

Markell Anthony Carter, 28, faces four new charges – second-degree domestic violence/intimidating a witness; third-degree domestic violence/harassment; violating a protection-from-abuse order; and making a false complaint to police. He was booked into Mobile County Metro Jail on Friday afternoon.

It was unclear Friday whether Carter remained in the Prichard police force.

Mobile County prosecutors have asked a judge to revoke Carter’s bond in the original domestic violence case, in which he stands accused of assaulting Tonesha Doucette and pointing a gun at her. Defense attorney Scott Hawk counted on Friday by asking the judge to order Doucette to explain why she violated a no-contact order.

Doucette, who asked for a protection-from-abuse order, wrote in a court filing that Carter punched her in the back of the head and in the back, and pulled her hair, on April 17. That came almost a month after the earlier incident.

“He slung me out of the bed he had me pinned down,” she wrote. “He grabbed a knife after he finished beating me.”

Doucette added that Carter sat the knife down on a dresser and pushed her out the back door and would not let her get her belongings.

But Hawk told FOX10 News that Doucette was the aggressor and that she went to his client’s home despite an order from Mobile County District Judge George Zoghby instructing both her and Carter to stay away from each other.

“The motion is pretty clear, cut and dried,” he said.

Hawk said this was precisely the outcome he warned about when he asked the judge in March for a no-contact order against Doucette. He said at the time that he believes she was trying to set his client up to get his bond revoked.

“If he got arrested, I don’t see why she’s not getting arrested. … I feel like my guy’s a victim at this point,” he said.

Hawk said he plans to present evidence of property damage and physical injury suffered by Carter.

Mobile County Chief Assistant District Attorney Keith Blackwood told FOX10 News that a no-contact order against a victim is not enforceable.

“The court doesn’t have jurisdiction over the victim to order no contact,” he said. “Judges will order that to try to defuse the situation.”

Blackwood said prosecutors typically do not object, but he added, “We’d have to litigate whether the court has jurisdiction to hold a victim in contempt when they don’t’ have jurisdiction order a no-contact order in the first place.”

Hawk said he disagrees that that legal interpretation.

“He’s not the judge,” he said. “The judge can make that determination.”

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