Michael Powell was sentenced to death by the State of Alabama for the murder of Tracy Algar
According to court documents Michael Powell would rob a gas station and in the process shoot and kill Tracy Algar
Michael Powell would be arrested, convicted and sentenced to death
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Michael Powell is incarcerated at Holman Prison
Michael Powell Case
The man convicted in the 2016 shooting death of an Alabaster store clerk during a robbery has been sentenced to death.
Shelby County Circuit Judge Bill Bostick on Monday upheld the jury’s 11-1 recommendation that 48-year-old Michael Anthony Powell die for the execution-style killing of 54-year-old Tracy Latty Algar at the Alabaster convenience store where she was well-known and well-loved by her customers.
Monday was the first time in 10 years that someone has been sentenced to death in Shelby County. The last time happened in 2011 when Bart Wayne Johnson was sentenced to die for the 2009 killing of Pelham Police Officer Philip Davis during a traffic stop on I-65.
It was more than four years ago, on a Sunday morning, that Algar was shot to death in the bathroom of the Kirkland Chevron. Authorities said Algar was on her knees and shot in the top of her head. Roughly $260 were taken in the robbery.
Michael Powell was convicted of capital murder in late April after a trial that lasted more than a week. Alabaster police officials and members of Algar’s family were in the courtroom for Monday’s sentencing.
Taylor was also present in the courtroom for the sentencing. One of his attorney’s, Everett Wess, said Powell was also a victim, a victim of a disadvantaged childhood and a victim of the system. He said Michael Powell should get life in prison.
“He would never ever be able to hurt another individual again,’’ Wess said. “He would never be able to get out of prison. It protects Michael, and it protects society.”
Asked if he had anything to say prior to sentencing, Michael Powell said, “I still say, against all odds, I’m not guilty. Regardless of what verdict you give me, I’m going to stay being me and I’m going to fight. Regardless of what you do to me, I’m OK because I believe in the end I’m going to win. That’s all I’ve got to say.”
rior to sentencing, Powell slightly rocked back and forth, and occasionally shook his head in apparent disagreement with what as being said. He showed no emotion when the death sentence was handed down.
The judge said he disagreed with the defense assertions that Powell also was a victim. “As a matter of fact, the mitigation expert that I appointed to investigate Mr. Powell’s background, her own testimony refutes that notion,’’ Bostick said. “I took the liberty of drawing from a quote that struck me when she was testifying. (She) said, with regard to Mr. Powell, ‘He had the things that he needed. He just took things, and he didn’t need to.’ That continued not only from his youth but into his adulthood and ultimately, he took the life of Tracy Algar and he didn’t need to. Nothing changed from the time he was young. Mr. Powell, you took her life, and you didn’t need to
Bostick told Powell that as a judge, he only has authority over what physically happens to him. “I have no jurisdiction, no authority over your soul. And that is the only aspect of your being that you remain in control of,’’ he said. “We’re all blessed to live in a nation that has a government and a constitution that recognizes every individual is free to believe or not to believe in a higher power.”
“Judging by the reading list that was introduced by your attorneys (in jail), it appears that you may be in a quest, seeking answers regarding that higher power. I want to tell you, Mr. Powell, that Miss Algar found her higher power,’’ Bostick said. “She found her answers in a God that offers all of us, including you, the opportunity to be forgiven of our sins, a God who sent His only son to live among us and to be executed by us and who allowed his son’s blood to be shed so that we might have everlasting life.”
“I believe beyond a shadow of a doubt that Tracy now has that life,’’ Bostick said. “My hope for you is that if you ever pray to a higher power and seek forgiveness for, and redemption for, all of your sins including the one for which you have been convicted, that those prayers are answered.”
Algar, who only worked every third Sunday at the store, was killed not long after she got to work that Sunday morning. She was a dental lab technicians and working at the store only to earn extra money because her hours had been cut back. On that particular Sunday, she had volunteered to swap shifts with a co-worker who needed off.
The store opened at 9 a.m. and, sometime in the next couple of hours, police say, Powell entered, stole cash and then shot Algar to death. The slaying happened sometime between 9 a.m. and 11:15 a.m. A customer made the discovery about 11:15 a.m.
The cameras inside the store had not been working for some time, knocked out by lightning a long time ago, Algar’s family said. But, based on surveillance video from neighboring businesses, detectives Powell as a person of interest in the case and have been working around the clock to crack the case.
Powell was seen in the area of the Chevron between 10:45 a.m. and 11:30 a.m. that Sunday. He was wearing a white shirt, dark pants and a black fedora. Authorities said he walked from his apartment to the Chevron and walked back home after the robbery and killing.
“All we know is that he just walked in there and killed her,’’ said one of Algar’s sisters, Lisa Jones, shortly after the slaying. “She closed her eyes and woke up with Jesus.”
In a 2016 interview with AL.com, family members described Algar as a shining light with a strong faith and a devotion to her family. Much of her time was spent in church-related activities – Bible study, the Welcome Outreach Team and Sisters of the Table. “She worshiped her God with such joy,’’ her mother said.
“She loved uplifting gospel music. She would ask questions about the Bible and God, and when I didn’t have an answer for her, she would add it to her list to ask Jesus when she got to Heaven.”
About 11 years before her death, Algar suffered a stroke which somewhat affected her speech. It was something she was self-conscious about, but family members said her job at Kirkland Chevron restored her confidence because of daily interactions with the public.
“She loved her job,’’ her sister, Jones, said. “She was a very positive influence. She always tried to keep a smile on her face, especially with her customers. You could see a light shining through Tracy.”
During the penalty phase of Powell’s trial, held on April 29, prosecutors presented evidence that Powell was on parole at the time of the offense.
Powell was released from prison in 2015 after serving 17 years for robbery. Court records show Powell was convicted of two counts of robbery and one count of escape in Covington County in southern Alabama in 1998.
He was sentenced to 20 years in prison for each of the three convictions – to be served concurrently – and went to prison on May 14, 1998. His release date was scheduled for April 4, 2018 but he was paroled on Oct. 1, 2015. He served 17 years, nine months and 21 days.
Prior to that, he had been convicted – also in Covington County – on charges of theft of property and two counts of receiving stolen property. He served one year, one month and 23 days for those convictions.
Also during the penalty phase, Algar’s mother, Linda Ann Latty, spoke of Tracy’s love for the Lord, her family, and all people she met. She described how the defendant took all of that away from them but said, “What he cannot take away are the 56 years of memories hidden inside my broken heart.”
“Justice was served,’’ said Shelby County District Attorney Jill Lee on Monday, “and I am thankful Tracy’s family can start to heal from this horrific event.”
Assistant District Attorneys Daniel McBrayer, Ben Fuller, Shaun Styers and Doug Smith prosecuted the case. “We’re so thankful that Tracy’s family has finally been able to see justice in this case,” McBrayer said. “It has been a long time for them, and they miss her every day.”