A convicted felon has been charged in the shooting death of Birmingham police Sgt. Wytasha Carter.

One month and one day after Carter died in a predawn shooting in Birmingham, authorities formally charged 31-year-old Jeremy Elwin Owens with capital murder in the slaying. Owens also is charged with attempted murder for the wounding of Officer Lucas Allums and for allegedly shooting at North Precinct Sgt. Talana Brown.

"Today is a very difficult day,'' said Birmingham Police Chief Patrick Smith.

Owens was taken into custody Thursday morning by State Bureau of Investigation agents and Birmingham police when he was released from UAB’s Spain Rehabilitation Center. Owens, who has limited mobility since the Jan. 13 shooting, was transferred from the hospital to rehab more than a week ago.

Press conference regarding the arrest of the man charged with shooting Birmingham police Sgt. Wytasha Carter. Posted by al.com on Thursday, February 14, 2019

According to court records, the warrants against Owens were issued on Jan. 25. They were not served on him until today because he was not officially in police custody, though he has been under guard since the deadly shooting. He is charged with capital murder, two counts of attempted murder, certain persons forbidden to possess a pistol, third-degree receiving stolen property and first-degree possession marijuana, all for offenses committed on Jan. 13, records show.

"We are grateful to the men and women of the Birmingham Police Department and the Alabama Law Enforcement Agency for their work in this case under very difficult circumstances,'' said Jefferson County District Attorney Danny Carr.

Owens, in a wheelchair, declined comment as he was released from rehabilitation. More than a half dozen officers in their dress uniforms were on hand for the release. Owens was transported to the Birmingham Police Department headquarters and then taken from there to the Jefferson County Jail without bond. He was booked into the county jail at 12:22 p.m.

He was transported wearing the handcuffs that belonged to the slain sergeant. "I only felt it was fitting that if this man is going to jail, we’re going to use Sgt. Carter’s handcuffs,'' Smith said, calling Carter "an incredible officer, an incredible sergeant and an honorable man. “This is one small way we can honor him.”

Jefferson County sheriff’s Capt. David Agee said jail officials will determine where Owens will be housed within the jail. "If he needs to be in medical confinement, he will,'' Agee said. “If he needs to be separated from other inmates, he will.”

Smith said he spoke with Carter’s family to notify them of the formal charges. He described their reaction as “bittersweet.”

The shooting happened about 2 a.m. that Sunday when officers were working a special detail dealing with a rash of car break-ins in that area. An undercover officer spotted at least two suspects who appeared to be trying door handles to see if they were locked in the 900 block of Fifth Avenue North outside the 4 Seasons Bar and Grill. The officer called for backup, and the sergeant arrived.

The officer and the sergeant approached two suspects. "What I can tell you is it appears our officers were unable to respond,'' the chief said. “They were taken completely by surprise.”

Carter, Officer Lucas Allums and Owens were rushed to UAB Hospital’s Trauma Center by Birmingham Fire and Rescue Service. “Both of them were shot in very critical areas,'' the chief previously said of the officers.

Carter, shot in the head, was pronounced dead at the hospital. Allums was critically wounded but released from UAB Hospital nine days after the shooting. He is still recovering.

"Trust and believe me when I tell you he has a very long road to recovery,'' Smith said. “He’s in rehabilitation right now and we’re very much wishing for a strong recovery and his return to the department.”

At least one other officer on the scene shot Owens. An 18-year-old initially jailed in connection with the incident was released without being charged with any crime. However, police on Thursday announced charges against him - Michael Todd - for third-degree receiving stolen property and first-degree possession of marijuana. The gun used to kill Carter was stolen.

The Birmingham Police Department’s Crime Reduction Team took Todd into custody without incident at 671 Earline Circle.

Michael Edward Todd

Owens, who lives in the Center Point area, was arrested in December 2011 after Birmingham police said he robbed another man at gunpoint and shot at him. He pleaded guilty on Nov. 5, 2012 to first-degree robbery and the attempted murder charge against him was dismissed.

Owens was sentenced to 20 years in prison with three years to serve. He was released Jan. 1, 2015, according to an Alabama Department of Corrections spokesman.

He was arrested again by Jefferson County sheriff’s deputies on Nov. 28, 2018 on charges of possession of a controlled substance, being a felon in possession of a firearm, possession of marijuana, reckless driving and other traffic violations.

According to court records, deputies tried to pull over Owens because they noticed he was driving without use of his seatbelt and he fled from lawmen. A short time later, he lost control of the vehicle, crashed. According to an arrest report, deputies repeatedly ordered Owens – still in the crashed vehicle – to show his hands but he refused. “The offender appeared to be reaching for something underneath his seat, possibly a gun,’’ according to the arrest report. A supervisor kicked out the car window to keep Owens from possibly getting the gun, the report states, and Owens was taken into custody.

“The offender was resisting and attempted to get on his feet to flee,’’ a deputy wrote.

Owens’ 14-year-old stepson was in the vehicle with him at the time of the chase, records state. “He was crying and visibly upset from the incident,’’ a deputy wrote in charging documents. “The driver drove recklessly, almost causing several wrecks.’’

A subsequent search of Owens’ Chevy Malibu – which was totaled in the crash - turned up two scales with narcotics residue on them, as well as three loaded handguns that were in a black book bag. One of the weapons had been reported stolen to Bessemer police and another had been reported stolen to Birmingham police. Authorities noted in charging documents that there were multiple extended clip magazines and 50-round drum loaded.

Authorities also confiscated heroin, Molly, marijuana and unused sandwiches baggies. “Owens stated that he has firearms because he is the head of the house,’’ the report stated. “Owens advised that he just purchased the narcotics the day prior and has to keep his guns because selling dope can be dangerous.”

Owens was booked into the Jefferson County Jail and released on his own recognizance Nov. 30. He was set to appear in court on April 3 to give him time to hire an attorney.

Noting the November 2018 arrests, the Jefferson County District Attorney’s Office in December filed a motion to revoke Owens’ probation on the 2012 robbery conviction. “These new allegations against Mr. Owens indicate that his being at large will pose a real and present danger to himself and the public at large,’’ a prosecutor wrote in the motion. “Moreover, this latest arrest is a blatant violation of the terms of his probation.”

Jefferson County Circuit Judge Teresa Pulliam on Dec. 21 directed a clerk to issue a probation violation warrant against Owens and ordered that once he was arrested, he would be held on no bond. It was that warrant that was outstanding against Owens when the Jan. 13 deadly shooting happened.

On Jan. 30, Pulliam ordered that warrant to be recalled after she learned his probation actually ended in January 2018, not January 2019, as initially believed. That recalled was entered into the court system on Wednesday.

The following day – on Jan. 31 - Jefferson County Deputy District Attorney Louvenia Borom filed a motion to revoke Owens’ bond on the November 2018 arrests, noting the new, and violent, charges against him. District Judge Shanta Craig Owens on Feb. 1 agreed with the prosecutor’s request, deeming that his bond on the older cases was insufficient based upon the new charges against him.

Judge Owens ordered a no bond for the suspect and said a formal bond revocation hearing would be held following his arrest.

Thursday’s press conference was held at the North Precinct, where Carter last served. Behind the chief and other ranking officers in attendance was the sign “Rule #1 - Everyone Goes Home.”

"That why we are here. We stand behind that rule and we’re going to do everything we can to uphold that rule,'' Smith said. “And when that rule is broken, we’re going to do everything we can to apprehend that person.”