The alleged killer of a 27-year-old Mobile man inside a crowded Saenger Theatre Sunday pleaded not guilty to a charge of capital murder during a court appearance Wednesday.

His attorney says the reason there is a capital murder charge filed against Marcus Sanders, also 27, is because of the attention the shooting has gotten this week.

“That’s just my opinion, but I absolutely do,” said Chase Dearman, the attorney representing Sanders, who is charged with capital murder and 1st degree assault.

The charges are related to a shooting that happened around 6:30 p.m. Sunday during a kids dance recital. More than 1,000 patrons were inside the theater at the time. The shooting sparked chaos inside the venue, and has stirred condolences and outrage among community leaders.

Dearman claims Sanders was acting in self-defense, and that the victim – Carl Williams III – was the aggressor who initially attacked Sanders over a dispute involving an ex-girlfriend.

Sanders pleaded not guilty to both charges during his brief appearance before Mobile County Circuit Judge Jay York. A preliminary hearing was set for 9 a.m. on June 18.

For the next two weeks, Sanders will remain in jail without bond.

“I hate that,” Dearman said about the lack of bond. “I really do. However, if we are successful with a preliminary hearing and the judge doesn’t believe it’s a capital case, he would be eligible for a bond, and we’ll start that process all over again.”

Capital murder questions

Mobile County District Attorney Keith Blackwood, during a news conference Tuesday, said he decided to pursue the capital murder charge after reviewing the evidence and determining the murder occurred while Williams’ daughters were present inside the theater.

Blackwood’s application of the charge stems from a definition under state law that applies capital murder to a defendant if it occurs “in the presence of a child under the age of 14 years at the time of the offense” or if the victim was the parent or legal guardian of the child.

The definition, under state law, suggests that “in the presence of a child” refers to the physical presence of a child or having knowledge that a child is present and may see or hear the act.

Blackwood said that Sanders had knowledge that his actions were occurring in the presence of the two children – ages 6 and 5. It’s unclear if either of the girls witnessed the deadly shooting of their father.

“I don’t believe it’s a capital case,” said Dearman. “Nothing shocks me at this stage in my career. But the reason he’s charged with this is simply because of where it occurred. It’s not that Marcus chose this venue for this attack to occur. There is absolutely no question over who attacked whom.”

Tara Zieman, a spokesperson with Blackwood’s office, replied that Dearman “has a job to do as does the State. We are confident with our case.”

Political outrage

The shooting has sparked outrage among city leaders, politicians, mayoral candidates and others in recent days.

Some public officials have criticized Alabama’s permitless carry law, which began in 2023, for creating an atmosphere of gun violence. State Rep. Barbara Drummond, D-Mobile, said this week that if she’s elected mayor, she would push for cities to take the lead in urging Alabama lawmakers to consider rescinding the law.

But state officials including Rep. Shane Stringer, R-Citronelle, said there is no connection between gun permits and the shooting that occurred inside the Saenger Theatre.

Other mayoral candidates in the Aug. 26 municipal election are also weighing in with comments about the shooting as public safety has surfaced to being the top issue in the race.

Former Mobile Police Chief Paul Prine, in a statement to AL.com on Tuesday, said he was disappointed that “our local, county, state and community leaders aren’t standing together in solidarity to denounce” what he said was a “subculture of gun violence.”

“Strong leadership requires strong messaging that our kids’ lives matter, and that those who commit such crimes will be vigorously prosecuted with the full weight of government.”

Zieman, with Blackwood’s office, responded by questioning whether Prine had watched Tuesday’s news conference. Blackwood was present with Mobile Police Chief William “Randy” Jackson, Mobile police Detective Rory Graves and Mobile Assistant Police Chief Melvin Jones.