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

bamafan9201 said:
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.
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Bud, the first requirement was met he asked Miller to bring the gun.

I couldn't care less about Miles, or any co-conspirators, their defense, or their sentences, but the charge was warranted.
 
Crimson&WhiteGecko said:
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...


Ok... I'm a jackass for not seeing this through. And @#80 SPOT. ON.
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It’s obvious you have a brain similar to a geko
 
BamaFan334 said:
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.
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I wouldn't be inclined to disagree that waiting seems like pre-meditation but I will say that its very tough to prove premeditation in these instances because there was no text saying "bring me the gun, I'm going to cap this fool" or anything that shows they planned on having him shot when the gun arrived. You gotta remember, the Justice System is super black and white when it comes to things, if there's a shadow of a doubt, it should be interpreted in the defendants favor. So all they have to do is cast a little doubt on it and the charge immediately drops to 10-20 with chance at parole. I highly suspect they flip Miles or attempt to flip miles to testify against Davis. Accesory carries less time, not sure exactly how much in the state of Alabama I've not studied all of their criminal codes.
 
Alabama Law and Brandon Miller - Siniard Law, LLC I think a lot of you here are due for a good read from an Alabama Law Firm that can assuage any doubts you have that Miller is any anyway in the wrongdoing here.

Here's an article going over Miller's involvement in the case and discussing if/any legal ramifications would be brought against him. As we've all discussed, likely 0 criminal charges would be against Miller but he will struggle to avoid Civil charges from the parents who may want a payday as compensation for some involvement. Civil court is much different than Criminal Court, often best to settle and not deal with the time/effort.
 
SnakeDoc said:
By statute, accessories are charged one level below the crime in question. As a capital offense, an accessory would be charged/sentenced as a class A felony.
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Capital Murder is Class A so by your estimation, Class B would be more likely the charge which is 2-20 with chance at parole. Since he has close involvement he could be looking at 5-10 but likely they will try to plea him down to 1-2 and out with good behavior if he will turn on Davis and be a witness for the prosecution. That way Miles gets out young and they can put Davis away for life without parole likely.
 
bamafan9201 said:
Capital Murder is Class A so by your estimation, Class B would be more likely the charge which is 2-20 with chance at parole. Since he has close involvement he could be looking at 5-10 but likely they will try to plea him down to 1-2 and out with good behavior if he will turn on Davis and be a witness for the prosecution. That way Miles gets out young and they can put Davis away for life without parole likely.
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From the Alabama statute:
(g) Criminal conspiracy is a:
(1) Class A felony if an object of the conspiracy is murder.
 
SnakeDoc said:
From the Alabama statute:
(g) Criminal conspiracy is a:
(1) Class A felony if an object of the conspiracy is murder.
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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.
 
bamafan9201 said:
sports.yahoo.com

Why Alabama's Brandon Miller has not been charged with a crime

Brandon Miller delivered a gun to what turned into a fatal shooting, but attorneys say that's not enough to prove intent.
sports.yahoo.com sports.yahoo.com

Here's another article with quotes from a defense lawyer in Georgia stating that Miller won't be charged and the reasons why
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Not that anyone would actually read the article or actually care about the application of law, from the article:

The attorneys who spoke to Yahoo Sports said the Tuscaloosa district attorney’s office might continue to investigate Miller, but he’s in a good position for now. Without evidence that Miller intended to help Miles and Davis commit a crime, the DA’s office cannot hope to build a case against him, they said.

“Was it a good idea to bring the gun to a friend who had been out partying until the late hours of the night?” Alabama attorney Bart Siniard said. “No, it’s not a good idea. But without more evidence of intent, it’s not a crime.

“You can’t be held criminally liable for bringing somebody their own weapon. You have to show that you brought it with the knowledge they were going to use it to hurt someone.”​
 

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