The man who shot and killed another man outside of a Taco Bell earlier this year has been indicted for murder.
Cordell Lamar Jude maintained self-defense in the shooting of 29-year-old Daniel Adkins, and claimed Adkins had threatened him with a bat or a pipe. A weapon was never found at the scene.
"Our decision to prosecute this case is based on a thorough review of the evidence gathered during an extensive investigation by our law enforcement partners, and after a separate and careful analysis of the defendant's assertion of self-defense," said Maricopa County Attorney Bill Montgomery.
"After engaging in this deliberative process, we are confident in moving forward with our efforts to hold this defendant accountable for his actions."
On the evening of April 3, Daniel Adkins was walking his yellow lab dog through the parking lot of a Taco Bell near 51st Ave and Baseline Road. Cordell Jude was in his car in the drive-thru lane when Adkins stepped in the car's path, causing Jude to slam on his breaks.
Words were exchanged and Adkins struck the vehicle with his hand or possibly the dog leash. Jude said he thought it was a pipe or bat.
Jude allegedly told police that Adkins was preparing to take another swing at him, and he shot Adkins with a gun he had in his car. He then called police.
"The mere claim that you were engaged in self defense is not enough. There is a reasonable person standard that has to be reviewed in light of all the facts of the case as to whether or not someone would believe they needed to use deadly physical force to stop another person," said Montgomery.
Jude was served with the indictment Friday morning, and will be arraigned on August 9.
Two weeks ago, Jude was arrested for marijuana possession and having a gun in his car. Police say two guys in his car had just committed a drive-by and Jude was giving them a ride. He told police he had just met the guys.
Jude also told police he didn't know marijuana was illegal. Now that Jude is facing a second degree murder charge, the Adkins' family just hopes he shows up for court.
"I forgave him for what he did. It's hard for a father to do but if I hate somebody I'm just as bad as he is," said Daniel Adkins, Sr. "I feel a little bit of relief that at least the wheels of justice are starting."
Montgomery said he did not believe the shooting was racially-motivated.
Family members said that Adkins was mentally disabled and had the mental capacity of a 12-year-old.