Court evidence: Darius Miles texted UA basketball player Brandon Miller to bring him his gun
Capital murder suspects Darius Miles and Michael Lynn Davis had their preliminary hearing Tuesday morning at the Tuscaloosa County Jail, a hearing that lasted a full three hours and consisted of five witnesses including the mothers of both suspects.
Police say both men are connected to the alleged murder of Harris, the mother of a 5-year-old child.
One major development; evidence produced in court indicates current UA basketball player Brandon Miller now appears to have been connected to the crime. The evidence shows former UA basketball player Darius Miles texted current player Brandon Miller to bring him his gun to Grace Street and University Boulevard, the scene where the shooting happened in mid-January.
Chief Assistant district attorney Paula Whitley was asked in a news conference after the hearing on why Miller had not been charged. Whitley said ‘it was not a question she could answer.’
Legal expert Roger Appell, who does have questions about the case, says not charging Miller could come down to knowledge rather than intent.
“It’s my understanding that Miles texted Miller to bring a gun and that he actually did bring a gun. I don’t know how much time transpired and I don’t know what Miller saw or what was going on but it’s a very close call in my mind. The district attorney is the one who makes that call. He may take it to the grand jury and let them make that call,” Appell said.
In the hearing Tuesday morning Tuscaloosa police homicide investigator Brandon Culpepper was the first and primary witness. Culpepper testified on evidence ranging from finding eight shell casings at the scene to the fact that Miles changed his story three times that night.
Court documents show that Miles provided the weapon used in the murder. Investigator Culpepper also testified that video from nearby Publix clearly showed Davis shooting into the vehicle in which Harris and her boyfriend occupied. The official motive in the alleged shooting was not mentioned, although Miles’ attorney hinted her client felt ‘threatened.’
Later in the hearing, Miles and Davis argued for a bond for both suspects. Both suspects became emotional as the mothers of both men took the stand and assured the court their sons would not be a flight risk. Prosecutors argued no bond for both men.
The judge ruled there is enough probable cause to send both cases to grand jury, according to court documents.
Motion to set bond was denied for Miles and Davis.
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