Judge denies Darius Miles’ motion to dismiss capital murder charge

Judge denies Darius Miles’ motion to dismiss capital murder charge

Nearly one month after he last heard arguments, Tuscaloosa Circuit Court judge Daniel Pruet reached a conclusion regarding the immunity case of Darius Miles.

Pruet denied the former Alabama men’s basketball player’s motion to dismiss his capital murder charge, according to court documents released on Thursday.

It’s the latest update in the trial of the murder of Birmingham mother Jamea Jonae Harris. Harris was shot on the Tuscaloosa Strip on Jan. 15, leading to the arrest of Miles and his friend Michael Davis. Pruet had said on Sept. 29 that he would have a decision “soon” after hearing Miles’s attorneys again argue Miles acted in self-defense.

Both sides have cited text messages sent from Miles to Alabama basketball star Brandon Miller asking for his gun, which was allegedly in the backseat of Miller’s car, as a critical act in the night’s series of events. Miller’s dash cam footage confirmed Miles provided the gun to Miller.

Defense attorney Mary Turner has said Miles felt fearful of Cedric Johnson, Harris’ boyfriend, and hiis associates. And, according to Turner, since Johnson was the instigator, Miles retrieving his legally owned gun was for protection. Tuscaloosa prosecutors have claimed that Davis shot first.

Miles and Davis have been held without bail after a grand jury indictment in March. Pruet denied Davis, 20 years old at the time of the shooting, of the state’s Youthful Offender statute.

State prosecutors filed in August that they won’t be seeking the death penalty. Miles’ next steps could include a plea deal — he’s pled not guilty — or a trial.

On Oct. 20, Harris’ mother DeCarla Heard filed a wrongful death lawsuit against Miles, Davis and Miller, now in the National Basketball Association.

This post will be updated.