Bud, the first requirement was met he asked Miller to bring the gun.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.
I couldn't care less about Miles, or any co-conspirators, their defense, or their sentences, but the charge was warranted.