A lawyer representing Alabama walk-on basketball player Kai Spears said the New York Times report identifying him as a fourth basketball player at the scene of the shooting of Jamea Harris is “demonstrably false” and that Spears was not in the car.

The New York Times reported Wednesday night that Spears was in Brandon Miller’s car at the scene of the Jan. 15 shooting, a detail that had not previously been reported. After the report, the University of Alabama issued a statement refuting the Times’ reporting.

Stephen New, a West Virginia-based attorney representing Spears, issued a statement to AL.com that claimed “we can demonstrate Kai was not in the car, nor near that vicinity at the time in question.”

New also stated that he had reached out to the New York Times’ general counsel but had not received a response. As of Thursday afternoon, the Times had not issued a retraction or correction to its story.

Christian Spears, the father of Kai and the athletic director at Marshall, is quoted in New’s statement as saying, “I am furious at the completely erroneous article(s) placing my son at the scene. It is absolutely false; Kai was not there.”

Kai Spears also released a statement on Instagram refuting the New York Times’ report.

“I have one thing to say – the report in the New York Times was 100% inaccurate and the writer had complete disregard for the truth,” Kai Spears wrote. “I am trying to process and cope with these false statements that somehow have been published and then seen by so many. So thankful to Alabama Athletics for refuting it on my behalf.

“More than anything… I remain completely heartbroken by the tragic death that occurred that night.”

Former Alabama basketball player Darius Miles was indicted on capital murder charges last week for providing the gun used in the killing of Harris, according to police. Miles’ friend Michael “Buzz” Davis is the alleged shooter and has also been charged with capital murder.

Alabama basketball players Brandon Miller and Jaden Bradley were both present at the scene of the Tuscaloosa shooting, according to police. In a Feb. 21 court hearing, law enforcement testified that Miles texted Miller to bring him his gun to the scene of the shooting. Miller’s attorney has said Miller had no knowledge of Miles’ intent when he made that request. Miller is a cooperating witness and is not considered a suspect in the investigation.

This post will be updated.

John Talty is the senior sports editor and SEC Insider for Alabama Media Group. You can follow him on Twitter @JTalty.