Rep. Chris England, D- , speaks during a special session, Friday, July 21, 2023 in Montgomery, Ala. (Alabama Reflector Photo by Stew Milne)

A three-judge federal panel Tuesday ruled that a new Alabama congressional map failed to address Voting Rights Act violations and ordered a third party to draw new lines.

In a 217-page opinion in the case, known as Allen v. Milligan, U.S. Circuit Judge Stanley Marcus and U.S. District Judges Anna Manasco and Terry Moorer sharply criticized the Alabama Legislature, writing that they were “deeply troubled” that lawmakers did not draw a map that gave Black voters in the state the chance to elect representatives of their choosing, as the judges ordered in a January 2022 ruling.

“We are not aware of any other case in which a state legislature — faced with a federal court order declaring that its electoral plan unlawfully dilutes minority votes and requiring a plan that provides an additional opportunity district — responded with a plan that the state concedes does not provide that district,” the judges wrote. “The law requires the creation of an additional district that affords Black Alabamians, like everyone else, a fair and reasonable opportunity to elect candidates of their choice. The 2023 Plan plainly fails to do so.”

The court ordered special master Richard Allen to submit three potential remedial maps by Sept. 25, with an emphasis on addressing the Voting Rights Act violations.

The state will likely appeal the ruling to the U.S. Supreme Court. Alabama House Speaker Nathaniel Ledbetter, R-Rainsville, said at the end of the special session that officials hoped to get the map back before the nation’s high court.

In a joint statement Tuesday morning, the plaintiffs in the Milligan case, who argued the map robbed them of their ability to select leaders of their choosing, said that Alabama had admitted “its intention to defy the law and the U.S. Supreme Court.”

“Sixty years ago, former Governor George Wallace stood in the schoolhouse door to stop Black people from desegregating the University of Alabama,” the statement said. “He moved only when the federal government forced him to do so. History is repeating itself and the district court’s decision confirms that Alabama is again on the losing side. We demand that Alabama again move out of the way and obey our laws — we demand our voting rights.”

Messages were left Tuesday morning with the Alabama attorney general’s office; Rep. Chris Pringle, R-Mobile, who helped lead efforts to draw the maps, and Sen. Steve Livingston, R-Scottsboro, who sponsored the proposal the Legislature approved.

Rep. Chris England, D-Tuscaloosa, one of the leading critics of the proposal during the July special session, said Tuesday that Alabama Republicans had “commandeered a special session, used it to take up a losing strategy, just to try to force this back into the Supreme Court.”

“Many people throughout the session said it was going to happen, and it did,” England said. “I think that should make everybody angry.”

Benard Simelton, president of the Alabama State Conference NAACP, said Tuesday “the court meant what it said and said what it meant, and that the state of Alabama has no intention of complying with the federal court’s order nor the Supreme Court’s order.”

The Alabama Legislature approved a new congressional map in 2021 that created a single majority-Black district, which Alabama congressional maps have included since 1992. Black residents sued the state over the proposal shortly after, arguing that the map violated Section 2 of the Voting Rights Act, which bans discriminatory election or voting practices, by packing Black voters into a single area. That, they argued made it more difficult for Black Alabamians to elect leaders of their choice.

The judges ruled in favor of the plaintiffs in January 2022, citing the high degree of racial polarization in voting in Alabama, where white Alabamians, who make up about 64% of the population, tend to support Republicans and Black Alabamians tend to support Democrats. The panel ordered the state to draw new maps, saying the remedy would be a second majority-Black district “or something quite close to it.”

The U.S. Supreme Court stayed the ruling for the 2022 elections but upheld the lower court decision in June. In a special session in July, the Republican-dominated state Legislature approved a map that created a 7th Congressional District in west Alabama with a 50.65% Black voting age population, and a 2nd Congressional District in southeast Alabama with a Black voting age population of 39.93%.

Plaintiffs challenged the maps, saying they fell far short of what the court directed. The Alabama attorney general’s office argued after the map was approved that their map better protected “communities of interest” — defined in language added to the bill creating the map as the Black Belt, the Wiregrass and the coastal counties of Mobile and Baldwin — and that drawing a second majority-Black district would be unconstitutional and a form of affirmative action, which the Supreme Court struck down in college admissions in June.

But that argument led to strong skepticism from Marcus, Manasco and Moorer at a hearing last month. Moorer told Alabama Solicitor General Edmund LaCour that Alabama appeared to have “deliberately disregarded our instruction.”

During the hearing, Milligan plaintiffs played portions of a deposition from Livingston, who said that legislative findings on communities of interest were given to legislators by LaCour. Pringle said in a deposition that LaCour “worked as a map drawer at some point in time.”

The judges noted the “mysterious provenance” of the 2023 map in their opinion. “The record before us does not make it clear who prepared the 2023 plan,” the opinion said.

The state had also suggested that the new map and principles could reset the litigation. Plaintiffs said that would put redistricting legislation in an “infinity loop.” The panel agreed, comparing it into being “three years into a ten-year baseball series.”

“The plaintiffs won game one,” the opinion said. “The state had the opportunity to challenge some of the calls the umpires made, and the replay officials affirmed those calls. Now, instead of playing game two, the state says it has changed some circumstances that were important in game one, so we need to replay game one. If we agree, we will only ever play game one; we will play it over and over again, until the ten years end, with the state changing the circumstances every time to try to win a replay.”

The justices continued that thread in Tuesday’s opinion, noting that the state never attempted to argue that the proposed 2nd Congressional District would serve as an opportunity district for Black voters.

“A Black voting age population of 39.93% is insufficient to give Black voters a fair and reasonable opportunity to elect a representative of their choice,” the opinion said. “It will either never happen, or it will happen so very rarely that it cannot be fairly described as realistic, let alone reasonable.”

The court also rejected the state’s affirmative action argument. In the college case, the judges wrote, the U.S. Supreme Court found that colleges had impermissibly used “proportional representation” to achieve a diverse student body. By contrast, the opinion said, the Voting Rights Act and controlling precedent only seek “equality of opportunity” for Black voters.

“The Voting Rights Act does not provide a leg up for Black voters,” the opinion said. “It merely prevents them from being kept down with regard to what is the ‘most fundamental political right,’ in that it is ‘preservative of all rights’ — the right to vote.”

Simelton expressed confidence that the plaintiffs would prevail in any appeal.

“The federal courts are protecting those [voting rights] and that the state of Alabama is not interested in anyway ensuring fair elections,” he said. “And so I think this means that Black Alabamians will have right to help their votes heard.”

Alabama Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Contact Editor Brian Lyman for questions: [email protected]. Follow Alabama Reflector on Facebook and Twitter.

Candles with the names of four people killed in a mass shooting in Dadeville, Alabama on April 15, 2023 stand with toys and flowers in front of the dance studio where the shooting took place in Dadeville, Alabama on April 19, 2023. At least four people were killed and 32 injured at a Sweet 16 birthday party where the shooting took place. (Jemma Stephenson/Alabama Reflector)

DADEVILLE, Alabama — Three people, including two teenagers, have been arrested in connection with the mass shooting in Dadeville Saturday night that left at least four people dead and 32 injured.

Alabama Law Enforcement Agency spokesman Jeremy Burkett said at a press conference Wednesday morning that Tyreese “Ty Reik” McCullough, 17, and Travis McCullough, 16, both of Tuskegee, had been charged in the shooting.

Burkett said the teenagers were arrested in the shooting. He declined to answer questions about motive or the suspects’ connection with the victims.

Alabama Law Enforcement Agency sent out a news release Wednesday afternoon stating that they had arrested and charged a third individual, Wilson LaMar Hill Jr., 20, of Auburn, at around 2:30 p.m. Wednesday.

The shooting took place at a Sweet 16 party at a dance studio in Dadeville. Marsiah Collins, 19; Philstavious “Phil” Dowdell, 18; Corbin Dahmontrey Holston, 23 ?and Shaunkiva “KeKe” Smith, 17, were killed. ALEA said Tuesday a large number of bullet casing from handguns were recovered from the scene.

Dowdell was the brother of Alexis Dowdell, who was celebrating her 16th birthday at the studio. Mike Segrest, the district attorney for the 5th Judicial Circuit, which includes Dadeville, said her birthday cake had gone uncut and her candles unlit.

ALEA says the three were charged with four counts of “reckless murder.” There is no “reckless murder” charge under the state’s murder statues. An ALEA spokeswoman said Wednesday the agency would have additional information.

Martin Collins, the father of Marsiah Collins, said in a phone interview Wednesday morning that the arrests of the teenagers showed the scope of the tragedy.

“Those two young people lost their lives, as well, due to their reckless disregard for human life,” he said.

Mike Segrest, the district attorney for the 5th Judicial Circuit, which includes Dadeville, said the state would ask for the suspects to be held without bond. A local grand jury that had convened in March could be called to meet again before the next grand jury sits in September, he said.

“That’s unprecedented,” he said. “And hasn’t been done that I’m aware of anytime recently here. This is an unprecedented situation.”

Law enforcement had released little information on the investigation prior to the press conference Wednesday, leading to online speculation and criticism. Segrest said his silence was due to the constitutional rights of the suspects.

“We’re not concerned about the headlines,” said Burkett. “We’re not. We’re worried about mamas.”

Lisa Jones, the mother of a 16-year-old in Dadeville, said after the press conference that her daughter, a cheerleader on a team with Alexis Dowdell, has not gone back to school yet.

“I just want people to let these guys do their job,” she said. “And, you know, quit being so curious about it because it’s people’s lives. These kids got mamas, and, you know, we’re close knit here in Dadeville.”

Brownie Caldwell, the tennis coach at Dadeville High School, said that every person in the school has been affected. She said a lot of kids haven’t returned yet.

“We need to be there for them,” she said. “And we need to love on them and just, you know, just be there for them.”

At the news conference, Dadeville Chief of Police Jonathan Floyd told the gathered media, which included local and national journalists, that the community of Dadeville will be reeling from the aftermath of the shooting long after most of them leave.

“In a few days, most of you are going to be gone,” he said. “Our community is still going to be here.”

A few blocks away from the press conference, a memorial had been set up for the four confirmed victims of the shooting. A graduation bear had the names of Phil Dowdell and KeKe Smith, both Dadeville High School seniors, written on it.

In between welcomes and times for city council meetings, Dadeville City Hall’s electronic sign said “Pray for Dadeville,” “We are brokenhearted and mourn for our precious children” “Dadeville Strong,” and “In loving memory of all affected” in bright red letters.

Elaine Floyd, one of the owners of Floyd’s Seed and Feed in downtown, said Wednesday nothing like this had ever happened in her Dadeville.

She remembered holding hands with everyone in church on Sunday morning and said the town was “dead.” Reporters have been in her store every day since then asking questions.

Releasing the names of the suspects, she said, will help people feel less nervous.

“Dadeville is just a good little town,” she said. “My mother-in-law owned this business and the one across the street for 42 years and never been scared. Never had any reason, and this is the first thing that’s ever happened in all these years. So it will bounce back. And we’ll be back to normal.”?

Speaking on the Senate floor Tuesday, Jay Hovey, R-Auburn, said that there would be discussions about the role of legislators in the aftermath of the shooting, but Hovey said that they can’t “legislate morality.”

“There’ll be discussions on this floor and in legislative bodies across this country about the responsibility of legislators,” Hovey said. “While of course we have we have the responsibility to do everything we can to protect our communities, this war will only be won by changing hearts.”

Hovey is the Senator that represents Dadeville.

Ahead of the Wednesday morning news conference in Dadeville, Arlene Wyckoff, who identified herself as a member of the NAACP and living in Alexander City, said she was “offended” by the comments that Hovey had made.

“I was offended by that because put the blame where it belong: on the gunmakers, on the people that bring them in here giving them out distributing them out to these children,” she said.

After the Wednesday Senate meeting, President Pro Tempore Greg Reed, R-Jasper, said that Dadeville was a “terrible tragedy” with an ongoing investigation in response to a question about gun safety legislation being passed this session.

When asked a follow-up question about the likelihood of legislation making it to the floor, Reed said: “That’s what I want to say today.”

Editor’s Note: This story has been updated to reflect a Wednesday afternoon news release announcing?that a third person had been arrested and charged.

A group of people gather outside the Mahogany’s Masterpiece Dance Studio in Dadeville, Alabama on April 16, 2023. The Alabama Law Enforcement Agency says at least four people were killed in the building on Saturday evening. (Jemma Stephenson/Alabama Reflector)

At least four people were killed and 28 injured in a shooting at a birthday party in Dadeville on Saturday night.

The shootings took place on Broadnax Street around 10:30 p.m., said Sgt. Jeremy Burkett, a spokesman for ALEA, at a press conference Sunday morning. The Alexander City Outlook reported the shootings took place at Mahogany’s Masterpiece, a dance studio.

“There were four lives, not fatalities, lives,” Burkett said.

ALEA officials said Sunday evening that 28 people were injured in the shooting. Heidi Smith, director of marketing for Lake Martin Hospital, said in a statement Sunday 15 teenagers were admitted to the hospital with injuries. Six were treated and released; nine were transferred to other hospitals, and five were in critical condition.

Law enforcement did not share information on arrests or possible suspects. Burkett said in response to a question after a Sunday morning press conference that there was no public safety threat.

“What we’ve dealt with is something that none of you should have to endure,” said Jonathan L. Floyd, the chief of the Dadeville Police Department.

Jaheem Brown said Sunday morning he was at the party last night but left early.

“My heart goes out to all of the families who have to go through this,” he said.

Hayes, the chaplain for the Dadeville High School football team, said Dowdell played football and track for Dadeville High School. Hayes called him an “exceptional” athlete who was set to go to Jacksonville State University, and who was “all business” on the football field.

“Basically everything he did, he did well,” Hayes said about Dowdell.

JSU coach Rich Rodriguez said in a statement Sunday that Dowdell was “a great young man with a bright future.”

“My staff and I are heartbroken and hope that everyone will support his family through this difficult time,” the statement said.

Off the field, Dowdell was a kind and generous young man. Hayes said that people loved Dowdell and Dowdell loved people.

“He was the kind of young man that you’d be proud to call your son,” he said.

ALEA had not released names of the other victims as of Sunday evening.

People in town have a lot of questions, anger and grieving happening at the moment. Hayes said the church is doing their best to help navigate people and said “we need prayers.”

“Everybody hurts,” he said.

Aaron Mace, a pastor at Pine Hill Sunday Adventist Church in Sylacauga and Beacon of Joy Seventh Day Adventist Church in Alex City, said Sunday he drove past the party on Saturday night, about an hour before the shootings. Mace planned to go to Dadeville High School Monday morning to offer support.

The community, he said, was in shock over the incident and the youth of the victims.

“People don’t have the words to say to deal with this,” he said.

A somber afternoon

Dadeville is a city of about 3,000 people near Lake Martin in Tallapoosa County. The city was quiet Sunday afternoon. The only sounds were caused by the wind and the cars driving by businesses, churches and the city hall. A closed pottery store’s wind chimes seemed like the loudest sound. The sounds of an ice cream truck could be heard occasionally. Plants were set out at a local nursery, but no people browsed. A few blocks from the dance studio, the American flag of First United Methodist Church was at half-mast. In the words of two different pastors, Dadeville is “somber.”

Rep. Ed Oliver, R-Dadeville, who represents the area in the Legislature, said in an interview that the tragedy was “not something we could even imagine here.”

“Dadeville is a quiet town where people love and respect each other,” he said. “As this investigation continues, we will address the facts. I still believe Dadeville is a great place to live and I look forward to addressing the cause of this horrific event. For now, we just ask people to continue to pray for the victims and their families.”

Tallapoosa County Schools Superintendent Raymond C. Porter said at the Sunday morning press conference that schools would offer counseling on Monday morning, and said the shooting “does not represent our children.”

Gun deaths

Alabama has one of the highest rates of deaths from firearms in the country, behind only Mississippi, Louisiana, Wyoming and Missouri, according to the Centers for Disease Control and Prevention.

According to Gun Violence Archives, a nonprofit organization that tracks gun violence through police statements and media reports, there have been over 100 mass shootings in Alabama in the last 10 years, resulting in 118 deaths and 443 injuries. The organization defines a mass shooting as one in which four or more people were killed or injured, not including the shooter.

The website said there were 16 mass shootings in Alabama last year, killing 11 people and injuring 69. In 2021, there were 23 mass shootings in the state, killing 22 people and leaving 85 Alabamians injured.

Guns have been the leading cause of death for American children since 2017, according to a 2022 study of CDC data.

According to an April 2023?analysis from Pew Research Center of annual mortality statistics from the CDC, the rise in gun deaths among children coincided with a surge in gun sales and ownership in the United States during the COVID-19 pandemic.

The number of gun deaths among children in the United States increased by 50% in just two years. The study found that 1,680 children under the age of 18 died from firearm injuries in 2021, compared to 1,120 in 2019. Most of these deaths were classified as homicides or suicides.

Grief and shock

A vigil held at First Baptist Church, just a few blocks away from where police were still blocking the street, drew a large crowd Sunday evening. People from all ages were grieving, but the children crying stood out.

Hayes started by praying for the students. He asked everyone to find a student and put their hands on them.

“We don’t grieve as those who have no hope. We grieve. We shed tears. Our hearts are broken. We have the hope that the creator of heaven and earth is right here with us,” Hayes prayed.

Hayes also highlighted the teachers in the crowd.

“I want to ask you, once again, gather around these heroes, because there are going to be back in the classroom tomorrow, and they are going to be dealing with these kids, and their broken hearts, and the trauma,” Hayes said.

Pastors from congregations in Dadeville each led a subsequent prayer. Fred Hutcherson, pastor of Zion Hill Baptist Church, prayed for the teachers.

“Lord, as they sit aside whatever’s going on in their lives, to prepare for loving these children tomorrow – Lord – that you give them the strength and the words to say to comfort these students as they try to figure out why things like this might happen,” Hutcherson said.

Antojuan Woody, an 18-year-old student at Dadeville High School, said that he’s still in shock, and can’t believe that it happened still.

“I’m not ready to go back to school,” he said. “With them not being in, it’s going to be terrible.”

Jennifer Ray, mother of 17-year-old Jaiduyen Gossitt, said that as a mother of a Dadeville High School student, she feels broken.

“It could have been her,” Ray said.

Gossitt, who said she was close to one of the victims, said that the community needs to love on each other to move on from this.

Ray said that she’s not sending Gossitt back to school yet.

“She needs time,” Ray said.

This story has been updated with new information.