Darius Miles murder case gun testimony: What we know today; Brandon Miller booed, hits career-high in South Carolina
Alabama’s star basketball player Brandon Miller on Wednesday led the Crimson Tide to victory over South Carolina, hitting a career-high despite a taunting crowd, a day after court testimony linked him to the slaying of a Birmingham mother.
A preliminary hearing was held Tuesday for Miller’s now former teammate Darius Miles, 21, and Miles’s childhood friend, Michael “Buzz” Davis, 20.
The two are charged with capital murder in the Jan. 15 Tuscaloosa Strip shooting death of Jamea Jonae Harris, 23.
Det. Branden Culpepper testified that Miles asked Miller to bring him a gun — a weapon which allegedly belonged to Miles but was in Miller’s Dodge Charger — prior to the shooting.
Culpepper also testified that Miller’s Charger was struck by two bullets. He also testified that another Alabama basketball player, Jaden Bradley, was also at the scene in his Dodge Challenger.
After the shooting, Miller and Bradley’s vehicles blocked in the one Harris was in, according to testimony, but it was not clear if that was intentional.
“Brandon never touched the gun, was not involved in its exchange to Mr. Davis in any way, and never knew that illegal activity involving the gun would occur,” Tuscaloosa attorney Jim Standridge later wrote.
The testimony set off a firestorm for the No. 2-ranked team, which has allowed Miller and Bradley to play in each game since Miles’ arrest in mid-January.
Here’s a look at what we know today:
Miller dropped Miles off at the Twelve25 Sports Bar but did not stay because the line was too long.
Harris, her boyfriend, Cedric Johnson, and her first cousin, Asia Humphrey, were also at the club, but left and stopped at a nearby grill to get something to eat.
It was then they encountered Davis, who was dancing in front Harris’s Jeep.
Johnson told Davis that his girlfriend was not interested and to move along.
Culpepper said Davis said, “You don’t know who I am and what I do.’’
Miles and Davis walked away from the victim’s Jeep but later returned.
Culpepper said Miles texted Miller in the early morning hours saying, “I need my joint,” which is slang for a gun, police said.
Miles and Davis walked to Miller’s car and got something – believed to be the gun – out of the back seat, according to testimony.
Miles told Davis, “The heat is in the hat,” Culpepper testified.
That statement, he said, meant 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, Culpepper added.
Moments later, Culpepper testified, Davis approached the victims’ car and said, “I told you I was going to get you,’’ and then began firing through the driver’s side window of the Jeep.
He fired at least eight shots, some of them while running in an arc from the driver’s side around the back of the vehicle.
Johnson, the victim’s boyfriend, returned fire, striking Davis in the shoulder.
Harris was fatally struck in the left side of her face.
The judge ruled there is enough evidence against Miles and Davis to send the case to the grand jury for indictment consideration.
The judge also denied their request for bond. The mothers of Miles and Davis had both testified that they would make sure their sons would abide by all bond conditions and be present for future court hearings.
It will be up to the grand jury to decide whether to indict the two. Their attorneys claim the two shot in self-defense.
Miles and Davis sobbed at the end of the court hearing.
Asked by AL.com why Miller was not charged, Tuscaloosa chief deputy D.A. Paula Whitley said, “That’s not a question I can answer. There’s nothing we could charge him with,’’ according to the law, she said.
Legal experts told AL.com the decision whether or not to charge Miller comes down to knowledge and intent.
“Based on what we know, the declination by the Tuscaloosa D.A. is correct and Miller should not be charged,’’ said Jay Town, a former U.S. Attorney and prosecutor in Madison County.
“It doesn’t appear evidence exists that Miller knew that transferring the firearm was for an unlawful purpose, hindsight notwithstanding,” Town added.
“You can’t just run a can opener around someone’s head and look in there and find intent,’’ said Tommy Spina, a longtime defense attorney.
“Apparently, there wasn’t enough evidence to establish that Miller had the specific intent to participate in an act resulting in a death,” he added.
“Bad judgment and poor choices,’’ Spina said, “do not always add up to the commission of a crime.”
As details began to emerge from the hearing, Coach Nate Oats was asked during his regularly-scheduled news conference about Miller’s involvement, which had not yet been reported.
“We knew about that,” Oats said.
“Can’t control everything anybody does outside of practice. Nobody knew that was going to happen. College kids are out, Brandon hasn’t been in any type of trouble nor is he in any type of trouble in this case. Wrong spot at the wrong time.”
Oats apologized Tuesday evening for that wording.
“This entire time I’ve tried to be thoughtful in my words relative to this tragic incident, and my statements came across poorly,” he said in his statement.
Alabama athletics director Greg Byrne on Wednesday told ESPN’s College Gameday podcast that the school did not know about Miles’ text message request to Miller asking the freshman forward to bring Miles’ gun to the scene.
“That information was new to me,” Byrne said Wednesday. “I had not been told that before.”
The decision to allow Miller, and by extension Bradley, to remain a part of the team was made “collectively,” Byrne said.
“What I felt is that Brandon needed to be treated fairly like any other student-athlete,” Byrne said.
“UA Athletics continues to cooperate fully with law enforcement in the on-going investigation of this tragic situation. Based on all the information we have received, Brandon Miller is not considered a suspect in this case, only a cooperative witness,” a statement from the university read.
Oats’ response led to some on social media panning the comment.
Greg McElroy opened his radio show Wednesday morning with a powerful, 16-plus-minute monologue about the revelations.
“I think what Nate Oats said yesterday was despicable — despicable. I can remove my allegiance from what was said yesterday. It’s an embarrassment. And this whole situation, for all involved, is tragic,” McElroy said.
“Based on the testimony of law enforcement, Miller and Bradley of course can’t play for Alabama anymore. It all reeks of shame and disgrace,” AL.com columnist Joe Goodman wrote. “At some point, playing basketball for Alabama is no longer a privilege for those who make poor choices in life.”
“Why is Alabama still playing basketball right now, with this tragic travesty far more embedded in the locker room than we knew? Now, dribbling a basketball stained with a young mother’s blood?” AL.com columnist Roy S. Johnson wrote.
What happened at the South Carolina game?
The Crimson Tide Sports Network read the school’s statement about Miller at the beginning of its South Carolina pregame show and said that would be the only mention of it.
“We make decisions based on available facts, and that’s what we did here,” Oats said before the game.
Miller was booed by fans in Colonial Life Arena when he touched the ball early in the game.
Fans were heard chanting “lock him up” while South Carolina shot a free throw early in the first half on a video posted on social media. Later in the first half, fans in the school’s student section chanted “guilty” at Miller.
Miller didn’t seem phased throughout the night, at one point tapping his forearm apparently referencing the ice in his veins.
Miller received the ball with four seconds left in regular play and forced the game into overtime.
Miller scored a career-best 41 points, including a game-winner in overtime to help Alabama defeat South Carolina 78-76.
Oats began his postgame press conference by apologizing for the events of Tuesday.
“I didn’t have the details from the hearing,” Oats said after the game. “I used a poor choice of words that made it appear I wasn’t taking this tragic situation seriously….I sincerely apologize for that.”
Oats praised Miller’s performance.
“He’s one of the most mentally tough kids I’ve ever coached,” Oats said. “You don’t want to say you expect that, but not surprised he came ready to play and played well tonight.”
Oats also noted others on the team seemed to struggle.
“If I want to make an excuse for them, we can use [the distraction], but I’m not really a guy that makes too many excuses. We’ve got to play better. Some of those other guys didn’t play up to their typical performance.”