| MBB/WBB UPDATE 9/29: New Patch article: Pre-Trial Immunity Hearing For Darius Miles Started Today

ElephantStomp said:
Miller didn’t do anything to cause the murder, both the DA and the investigators believe that or he would’ve been charged. Miles defense will be the self defense angle. I’ll reiterate what several people have said on this thread, Miller did nothing wrong.

My opinion has nothing to do with UA or how many points Miller can score, it’s purely based on facts
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They have no self defense angle because Miller came on scene … they couldve all left… better instead Miles got the gun from Millers car… the defense of Miles will blame Miller… they have no choice but to try… that’s what I’m saying they willl try to get Miller to crack on the stand… it doesn’t matter if Miller is a prosecution witness or the defense calls him…Miller is a target …The defense must use Miller for a pawn
 
24and7 said:
If the MILES lawyers convinces a juror that if Miller wouldn’t have brought the gun to the scene… then a shooting wouldn’t have taken place..it could mean the difference between LWOP or the death penalty for Miles and the other guy…there was no self defense claim for Miles so the will use Miller as a pawn to lower Miles charges…The guy with Miles may get reduced for cooperation with the State.. but Miller showing up with a weapon is a major defense window of opportunity…
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Lets suppose that happens & Miles Defense is able to deflect some blame to Miller & a Juror agrees, then refuses to convict Miles, how does affect Miller?
 
Crimson&WhiteGecko said:
Again, nothing but conjecture & avoiding the challenged facts that are at hand. I am shocked you couldn't come up with a fantastic strategy for when Miller should have taken the pistol when the altercation was detected. Your imagination is dulling there sir.

Yes I am biased. I am VERY biased... To the facts! IF any new facts come about, I am more than willing to hear them out & reassess from then. Not until then. I am not biased to pure conjecture & speculation, especially when cowards like yourself troll boards for attention. I truly hate myself for trying feeding you with facts when all you really want is attention at whomever's expense.
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Bravo! Well said.
 
24and7 said:
The fact remains a lawyer came in a helped Miller… He should have left with the pistol when the altercation was detected… and that is what the defense will focus on… Miles is going to prison… but the defense will try to use Miller for lesser included offenses..Otherwise it is dereliction of duty
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The defense will not go after Miller though, the issue is not that they can't. It's that it doesn't paint their case any better if it shows that not only did they ask for the pistol, they patiently waited, longer than anticipated for it's arrival. Miller can easily defend himself because video evidence exonerates him from any perceived crime committed. The defense would rather Miller testify that the aggressors/attackers were the other two people in the case. Because then even though the prosecution is using him, he becomes an expert witness to the character of the scene, by the defense. If I'm defending the case, I'm trying to get Brandon Miller to back my clients testimony that the other two parties were making life-threating barbs and that they made an aggressive move before
24and7 said:
If the MILES lawyers convinces a juror that if Miller wouldn’t have brought the gun to the scene… then a shooting wouldn’t have taken place..it could mean the difference between LWOP or the death penalty for Miles and the other guy…there was no self defense claim for Miles so the will use Miller as a pawn to lower Miles charges…The guy with Miles may get reduced for cooperation with the State.. but Miller showing up with a weapon is a major defense window of opportunity…
Click to expand...
First off, Capital Murder alone usually doesn't warrant the Death Penalty. He will likely be getting 25-life at the worst. If he takes a plea deal he could be looking at 15-20. The prosecution should be worried that all these eye witnesses aren't exactly as solid as video evidence. If they go for the full amount they could end up with a lot less if the defense is able to argue that it was a physical altercation that turned violent thus a crime of passion. Which, depending on the intention of the crime, could result in less years in prison and parole being granted. So actually, once again, the defense's best case is SELF-DEFENSE. Nobody in their right mind would attempt to pin anything on Miller, video evidence is very hard evidence, it is very hard to dispute in court, it shows an impartial view of events and once it's been seen in court Miller becomes only a material witness for one side or the other. The question is, which side does Miller help? Does he decide to cooperate with the prosecutors and say Davis was the aggressor or does he side with Miles/Davis and say that the other couple were being aggressive and Miles/Davis ended up defending themselves.

Here's the information on Capital Murder for you:

Capital Murder is, by far, the most serious of violent crimes in Alabama. Capital Murder is a Class A felony, carrying with it a potential ten (10) years to life sentence or even a possible penalty of death. Typically speaking, a defendant or individual charged or suspected of capital murder involves allegations where that individual planned and possessed premeditation to commit murder. However, there are a number of capital offenses other than premeditated murder.

The issue will be pre-meditation which is the general basis for Capital Murder charges and Death Penalty charges. Likely it will be a lesser sentence of just Murder which is a 10-life with possible parole in Alabama
 
bamafan9201 said:
First off, Capital Murder alone usually doesn't warrant the Death Penalty.
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Yes, it does. It's in the name. Don't confuse warrant with how likely one is to receive the death penalty.
bamafan9201 said:
The issue will be pre-meditation which is the general basis for Capital Murder charges and Death Penalty charges. Likely it will be a lesser sentence of just Murder which is a 10-life with possible parole in Alabama
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The reason this was charged as "capital" murder is because the shooter fired into a vehicle. That was stated back in January when Miles and the other dude were originally arrested.
From the Alabama criminal code:
(17) Murder committed by or through the use of a deadly weapon while the victim is in a vehicle.
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SnakeDoc said:
Yes, it does. It's in the name. Don't confuse warrant with how likely one is to receive the death penalty.

The reason this was charged as "capital" murder is because the shooter fired into a vehicle. That was stated back in January when Miles and the other dude were originally arrested:
(17) Murder committed by or through the use of a deadly weapon while the victim is in a vehicle.
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So if you know how the justice system works, the requirements for a true capital Murder case (in this instance) are A) Pre-meditation to commit the crime and B) Committing the crime with a deadly weapon while the victim is in a vehicle. They still have that first requirement to meet here bud, Capital Murder isn't the name of the Death Penalty, that's Capital Punishment. Capital Murder has a lot of general areas it covers most common of which are Pre-meditation acts of violence that lead to murder or a pre-meditation to commit murder. If you've never been in a court case or dealt with a lawsuit then you're likely not privy to the innerworkings of the court but you always file for the maximum, then send a deal to the defense with a chance to get parole and 10-20 years and hope they take it or you get Miles a deal of 1-5 years if he will turn on Davis so you can pursue harsher charges. Prosecutors do NOT like to go to court, they build their reputations on winning cases, if they get plea deals or can get a slam dunk case where the accessory is willing to testify against the defendant, that's where they butter their bread. If they go into a case cold with only circumstantial evidence as testimony from some eye witnesses a good defense lawyer will be able to call into question A) Are these witnesses inebriated? B) How good of a look did you actually have? Were you hiding behind your car? Did you run away C) How far were you from the altercation? Were you close or far, how accurate would you be able to understand what is going on if you're 10-20 yards away from a group of people.

My point is, these are big UNKOWNS in the court case. You don't go to prosecute a court case if there are a bunch of unkowns. Especially not a high profile case like this, you'd much rather be the attorney that flipped a defendant and turned them into a material witness and got the maximum vs the guy who went to trial thinking he had it won and had all his evidence torn to shreds and the jury unable to make heads or tails of who to blame.
 
bamafan9201 said:
The defense will not go after Miller though, the issue is not that they can't. It's that it doesn't paint their case any better if it shows that not only did they ask for the pistol, they patiently waited, longer than anticipated for it's arrival. Miller can easily defend himself because video evidence exonerates him from any perceived crime committed. The defense would rather Miller testify that the aggressors/attackers were the other two people in the case. Because then even though the prosecution is using him, he becomes an expert witness to the character of the scene, by the defense. If I'm defending the case, I'm trying to get Brandon Miller to back my clients testimony that the other two parties were making life-threating barbs and that they made an aggressive move before

First off, Capital Murder alone usually doesn't warrant the Death Penalty. He will likely be getting 25-life at the worst. If he takes a plea deal he could be looking at 15-20. The prosecution should be worried that all these eye witnesses aren't exactly as solid as video evidence. If they go for the full amount they could end up with a lot less if the defense is able to argue that it was a physical altercation that turned violent thus a crime of passion. Which, depending on the intention of the crime, could result in less years in prison and parole being granted. So actually, once again, the defense's best case is SELF-DEFENSE. Nobody in their right mind would attempt to pin anything on Miller, video evidence is very hard evidence, it is very hard to dispute in court, it shows an impartial view of events and once it's been seen in court Miller becomes only a material witness for one side or the other. The question is, which side does Miller help? Does he decide to cooperate with the prosecutors and say Davis was the aggressor or does he side with Miles/Davis and say that the other couple were being aggressive and Miles/Davis ended up defending themselves.

Here's the information on Capital Murder for you:

Capital Murder is, by far, the most serious of violent crimes in Alabama. Capital Murder is a Class A felony, carrying with it a potential ten (10) years to life sentence or even a possible penalty of death. Typically speaking, a defendant or individual charged or suspected of capital murder involves allegations where that individual planned and possessed premeditation to commit murder. However, there are a number of capital offenses other than premeditated murder.

The issue will be pre-meditation which is the general basis for Capital Murder charges and Death Penalty charges. Likely it will be a lesser sentence of just Murder which is a 10-life with possible parole in Alabama
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I bet you they will…They must do whatever it takes… it’s their job
 
bamafan9201 said:
The issue will be pre-meditation which is the general basis for Capital Murder charges and Death Penalty charges. Likely it will be a lesser sentence of just Murder which is a 10-life with possible parole in Alabama
Click to expand...

To me, this has pre-meditation written all over it. Someone had to literally drive the gun to them, a guy retrieved it, and then the guy shot. That to me is nothing but intent and had plenty of time to walk away. That is what really makes this a shitty situation is that a poor kid is now orphaned due to this asshole and Miles should go down with him as he progressed this whole situation. Walking tall with a gun in his hand and then crying like a little pussy when the cops come for him.
 
24and7 said:
It could derail his Future somewhat..
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Ok there we have it. Now that we've had some time to absorb & decompress & break down all of these "We shall see's" & "some thing totally unsuspected and unanticipated" that you have purported page after page to now have arrived at...
24and7 said:
It could derail his Future somewhat..
Click to expand...

Ok... I'm a jackass for not seeing this through. And @#80 SPOT. ON.
 

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