Prattville man on trial for Thanksgiving shooting, killing of uncle

PRATTVILLE ‒ No one questions if Jason Wayne Popwell shot and killed his uncle Steven Ray Welch at a family gathering last Thanksgiving. An Autauga County jury will decide if it was murder.

Popwell, 36, faces murder charges in the case. He was originally charged with manslaughter, but an Autauga County Grand Jury upgraded those charges. His trial began Tuesday before Circuit Judge Joy Booth.

The defense is arguing self-defense, that Popwell shot and killed Welch, 51, after Welch first fired at him. The state is pursuing criminal charges because Popwell first left the altercation he was having with his uncle to return with his own handgun and then shoot Welch.

Booth ruled against the defense in a previous Stand Your Ground hearing. If Booth had ruled Popwell was acting in self-defense, the charge against him would have then been dropped.

Relatives of both men testified for the defense Wednesday morning that Welch was known to carry a handgun regularly and had a reputation for violence. Welch received a phone call at the family gathering Thanksgiving night and became upset, testimony showed. Welch went out onto the porch and Popwell and several other family members followed in an effort to calm Welch down.

Allen Welch, Popwell’s uncle and Welch’s older brother, told the jury panel and alternate of seven men and six women that he heard “Stevie” Welch threaten Popwell. It was then that Popwell left the porch area and walked to his bedroom to retrieve his handgun.

Testimony by Prattville Police Department investigators on Tuesday brought out that Popwell was armed with a 9 mm Smith & Wesson semi-automatic handgun.

Allen Welch testified that Popwell returned to the porch and that he and Steven Welch continued to argue.

“I saw Stevie’s hand come up and he fired first and Jason returned fire,” Allen Welch said.

As part of the investigation, officers recovered a 32. cal. Colt revolver that the defense alleges was the pistol Steven Welch used. The revolver had one spent round in the cylinder, but investigators said they could not determine when the round had been fired.

Popwell took the stand as the last defense witness on Wednesday. He said he tried to calm Steven Welch down. He said Welch allegedly made verbal threats against him and tried to get Popwell to fight him

“He took the gun out of his pocket,” Popwell said. “He never pointed it at me. When he went for his gun the second time, that’s when I went to my bedroom and got my firearm.”

Steven Welch was sitting in an ATV at that time, and Popwell said Welch moved the ATV during that time about 40 feet away.

Powell said when he came back to the porch he could see Steven Welch’s revolver on the seat of the ATV.

“He yelled at me, ‘Shoot me if you are going to (expletive deleted) shoot me.’ And I said ‘We don’t need to do this.'” Popwell said. “That’s when I saw him raise his gun and a shot was fired from his side. I returned fire, I believe it was three times.

“I shot until I thought there was no longer a threat.”

Popwell said he went back inside the house to get relatives to call 911 then went outside to see Steven Welch walking up to the house with the revolver still in his hand. Popwell said he was scared at the time and fired a final shot.

The state brought out prior to Popwell’s testimony that Steven Welch was shot three times; in the armpit, abdomen and back.

On cross examination by Chief Assistant District Attorney Josh Cochran, Popwell said he felt he acted in self-defense because he was protecting himself and others.

Cochran asked if Popwell felt he was in imminent danger after leaving the porch and going inside.

“I couldn’t say if I was or not with an individual in an altered state and who has a reputation for violence,” Popwell said.

Popwell said Steven Welch tried to get him to come into the yard and fight, but he wouldn’t because he was armed with a revolver.

“You could have walked in that house and closed the door,” Cochran said.

“We don’t live in a fancy brick house we live in a mobile home,” Popwell said. “It is made of tin and sheetrock. All it takes it one shot.”

Popwell said he was afraid Steven Welch would shoot in his direction or the direction of the home.

Testimony broke for lunch, and the state is expected to call the state’s medical examiner in the afternoon to testify about the autopsy and cause of death in the case. The state and defense are then anticipated to give closing arguments to the jury and the jury should begin deliberation Wednesday afternoon.

Contact Montgomery Advertiser reporter Marty Roney at mroney@gannett.com.

This article originally appeared on Montgomery Advertiser: Prattville man on trial for Thanksgiving shooting, killing of uncle