Darius Miles, Michael Davis get new bond hearing in death of Jamea Jonae Harris
Former Crimson Tide basketball player Darius Miles and his longtime best friend will go before a Tuscaloosa County circuit judge in May to be arraigned on capital murder charges and again request that they be released on bond.
A Tuscaloosa grand jury earlier this month issued the indictments against Miles, 21, and Michael “Buzz” Davis, 20, in the Jan. 15 Tuscaloosa Strip shooting death of Jamea Jonae Harris, 23.
The indictment followed a preliminary hearing during which both were denied bond at that point. Both remain held without bond in the Tuscaloosa County Jail.
Here is full coverage of the case
As is routine procedure, attorneys for both defendants have filed multiple motions as the case proceeds through the criminal justice system to include a renewed request for bond.
Attorney John Robbins, who represents Davis, said his client is not a flight risk and does not pose a danger to the community.
“(Davis) has family and friends who are desirous of assisting in the posting of bond,’’ Robbins wrote.
“(Davis) avers that he is being illegally detained and unlawfully denied his liberty set at the hands of the sheriff and other law enforcement officials of Tuscaloosa County, Alabama, in violation of his right to reasonable bail pending the trial of this case,’’ the attorney wrote.
Miles is represented by attorneys Mary Turner, Kayla Griffin and Grace Prince. Turner, in her filing, said under Alabama law, the suggested bail schedule does not preclude the setting of a bond in the amount anywhere from $50,000 to no bond.
Miles, she stated, has family in the area, has no prior criminal history, is not a flight risk.
His family is willing to pay for an ankle monitor and Miles agrees to follow a curfew, all of which was stated by Miles’ mother at the preliminary hearing.
Turner has also filed a motion demanding preservation of all audio and video captured by jail security cameras during the Feb. 21 preliminary hearing to include the courtroom, the jail lobby and the outside parking lot.
As previously reported from the preliminary hearing, defense attorneys claimed that Miles and Davis could have been in fear that night.
They said they had seen a gun in the victims’ vehicle and noted that when they could have left the area before the shooting, they instead came back, turned off their vehicle lights and stopped.
Neither attorney has yet filed a request for a Stand Your Ground hearing.
Under the Alabama law, “the defendant does not have a duty to retreat and has the right to stand his/her ground so long as he/she is justified in using deadly physical force and is not engaged in an illegal activity and is in a place where he/she has a right to be located.”
Circuit Judge Daniel Pruet has set a hearing date for May 24.
During the preliminary hearing, lead Det. Branden Culpepper testified that the shooting happened about 1:45 a.m. that Sunday in the 400 block of Grace Street off University Boulevard.
It was in that hearing that it was first revealed publicly that basketball players Brandon Miller and Jaden Bradley were also at the scene of the shooting.
Harris, who is survived by her 5-year-old son, Kaine, was in Tuscaloosa that weekend with her boyfriend, Cedric Johnson, and her cousin, Asia Humphrey, who is a student at the University of Alabama.
Harris, her boyfriend, Cedric Johnson, and her cousin, Asia Humphrey had gone to Twelve25 club that night and then stopped at Quick Grille to get food. They were in Harris’ black Jeep.
Darius Miles, Michael Davis and Jaden Bradley had also been at the club. Brandon Miller had dropped off Miles but didn’t stay because the line was too long, and Miller’s attorney later said he was at a restaurant.
The victims then went to the Quick Grille. Harris and her cousin waited in the car while her boyfriend went to get food. He returned and got into the backseat.
Miles and Davis approached the Jeep. Davis was dancing outside of the car, and reportedly was trying to get Harris’ attention.
The window was rolled down, and Johnson told Davis that she had a boyfriend and to move on. Davis said something to the effect of “I don’t want your girl” and Miles and Davis walked away, Culpepper said.
“It got a little elevated,’’ Culpepper said.
Davis reportedly said to Johnson, “You don’t know who I am and what I do.”
Turner, Miles’ attorney, said that Bradley told police that Miles had tried to calm down Davis.
Turner also said Miles thought he saw a gun going from the back seat of the victims’ vehicle to the front seat.
Culpepper said that could have been food being passed from the back seat to the front seat.
Johnson switched seats and gets into the driver’s seat of the Jeep. The Jeep drove off, took a right on University Boulevard and then came back. Its lights were off. They had met with other friends in another vehicle before coming back.
Miles texted Miller and said, “I need my joint,’’ which is slang for a gun.
Miles told Miller that someone was “fakin” which, according to the urban dictionary, means when a person uses words in an aggressive manner with no intention or ability to back them up.
When Miller got to the scene, Miles told Davis, “The heat is in the hat.” Culpepper said that meant a gun was present.
Miles added, “There’s one in the head.” That, Culpepper said, meant a round was in the chamber.
Miles moved his girlfriend back to get her out of line of fire.
Miles’ girlfriend had been on the fringe of a fight that happened that was not related in any way to the shooting incident. Miles’ attorney claimed that Miles was trying to get his girlfriend away from the fight, not out of the “line of fire.”
Miles’ girlfriend said Davis asked her where the Jeep went. “The type of person Buzz was she knew something was going to happen,” and that’s why she moved out of the way, Culpepper said.
Asked why Johnson, Harris and Humphrey returned to the area, the detective said Johnson wasn’t from Tuscaloosa and were just trying to find a way out.
Davis again approached the Jeep and said, “I told you I was going to get you,’’ and opened fire, Culpepper testified.
He fired several shots at the driver’s window and then ran in an arc around the back of the vehicle, still shooting.
Johnson returned fire, striking Davis in the right shoulder and grazing his right side.
Miller’s vehicle was hit by gunfire twice in the windshield.
Johnson then left the scene and drove to the Walk of Champions. Harris was pronounced dead there.
From the shooting scene on Grace Street, authorities recovered eight shell casings from a 40-caliber handgun and a bullet fragment. Miles’ gun is a 40-caliber handgun.
While the victims were at the Walk of Champions, 911 received a call from Miles stating that his friend, Davis, had been shot in the shoulder. The call was made from University Downs Apartments where Miles lives.
Miles said he didn’t know where or how Davis came to be shot. He said he was at the apartment and didn’t know anything about the shooting.
Culpepper said both Miles and Davis talked to the 911 dispatcher during that call, “sharing” the phone.
Davis was shot in the right shoulder and received a graze wound to his side.
Culpepper testified that in his first interview with Miles, he said he didn’t know what happened, that Davis had just shown up at the apartment shot.
He later said that he and his girlfriend were downtown and picked up Davis after the shooting.
When detectives told him that all of what happened was captured on surveillance video from the Houndstooth Bar, Miles said Davis went to the car and said he never saw Davis with the gun.
After learning of dash cam video from Brandon Miller’s car, he told investigators he had contacted Brandon Miller to bring him his gun. Miles then acknowledged Davis had gotten Miles’ gun from Miller’s vehicle.
Asked if Miles acknowledged moving his girlfriend out of the line of fire, Culpepper said yes.
Culpepper said there were no indication of threats made by the victims.
The gun in the Jeep used to shoot Davis was a Taurus Judge .45 caliber. Culpepper said additional ammo and marijuana was also found in the Jeep.
In all, police recovered three weapons in connection with the incident.
From the University Downs where Miles the 911 call, they found a Mini Draco (an AK-47) and a 40- caliber handgun. The 40-caliber gun was found wrapped in a bedroom drawer of one of the residents who was out of town for the weekend and returned to find the gun in his drawer.
Tuscaloosa Violent Crimes Investigator Brian Behel processed the two crime scenes – at Grace Street and Walk of Champions. Johnson’s Taurus Judge had four spent cartridges in the five-chamber handgun.
Attorney Turner asked the detective if the mindset could be self-defense, and the detective said could be.
Culpepper said there were no independent witnesses other than those involved.
Asked by Davis’s attorney how they determined Davis fired the first shot, Culpepper said it was on video from Publix and Houndstooth.
Chief Deputy District Attorney Paula Whitley asked if in any of the interviews, did Miles and Davis report being threatened, and Culpepper said no.
Turner said the showing of a gun could be a threat. She also said the Jeep leaving, circling the block and coming back with lights off could also be taken as a threat.
Turner claims it was self-defense.
“You have to look at his mindset. Is something going on that he feels danger? That was on my client’s mind. He tried to arm someone for protection.”
Robbins said, “It is our position the threat was caused by Mr. Johnson.”