Two men charged with capital murder in the Jan. 30 fatal shooting of 34-year-old Darius Dewayne Allen have had their day in court postponed again, according to attorneys on both sides of the case.

“These things happen,” said Lucas Beaty, defense attorney for Dewayne Lee Sloan.

Sloan, 39, and Antonio Shalamar Jacobs, 36, are each charged with capital murder. Preliminary hearings for the two were originally scheduled Feb. 20 but were postponed until Tuesday in Limestone County District Judge Matthew Huggins’ courtroom.

On Tuesday, Jacobs’ defense attorneys requested Jacobs’ hearing be moved to the April 3 preliminary hearing docket.

“Both of those lawyers are wanting discovery before the hearing on that case,” said Limestone County District Attorney Brian Jones.

Jones said the DA’s office and Athens police are working together to get the discovery file finished.

“If the discovery is not complete, the judge will reset to a special setting,” Jones said.

Because the state wants to keep the cases together, having one continued meant both had to be continued, Beaty said.

About the case

Allen was driving a green Chrysler Town & Country minivan when he was shot multiple times with a handgun at the intersection of U.S. 72 and Brownsferry Street in Athens, records show. He drove away, but his vehicle left the road on U.S. 72 near Reynard Street, struck a utility pole and traveled into a ditch.

Allen’s relative heard the crash and called 911. By the time emergency personnel arrived, Allen had been removed from the vehicle and had died.

Jacobs was arrested Feb. 1. After further investigation by Athens police, Sloan was arrested Feb. 2. Police Chief Floyd Johnson previously told The News Courier investigators believed Jacobs had some kind of relationship with Allen’s wife. Jacobs believed Allen had shot into Jacobs’ Cannon Road residence about a week before the fatal shooting, Johnson said.

The Cannon Road incident was reported to the Limestone County Sheriff’s Office. Investigators believe this was the motive for the shooting.

While Jacobs is alleged to have been the one who actually shot Allen, Jones said Sloan was also charged with capital murder because he was with Jacobs at the time of the shooting.

Both men are being held without bond. Under the Alabama Rules of Criminal Procedure, a judge can deny bail to a person charged with capital murder, or murder in the commission of another felony.