An excerpt from Mile's attorney
"While Darius has been accused of being involved with this tragedy, he maintains his innocence and looks forward to his day in court. Our firm's own investigation is ongoing, and no further statement will be made at this time."
Miles is likely going to distance himself from Davis and point out that the gun was not supposed to be used for violence. So criminal conspiracy, unlikely, more than likely they can get accessory to stick if anything.