Darius Miles granted immunity hearing in capital murder case. What it means
Darius Miles' attorneys filed a motion Thursday for a pre-trial immunity hearing and motion to dismiss, according to court documents. Judge Daniel F. Pruet granted the hearing that is set for 1:30 p.m. on Aug. 21.
Miles, the former Alabama basketball player, was indicted by a grand jury on a capital murder charge alongside Michael Davis in March after a fatal shooting on the Strip on Jan. 15. Investigators said the gun used to kill Jamea Harris belonged to Miles, 21, but that Davis, now 21, pulled the trigger, per court documents. Both have been jailed without bond since Jan. 15.
From the motion: "The Defendant, by and through his attorneys, Mary Turner, Kayla Griffin and Grace Prince, pursuant to Ala. Code § 13A-3-23(d), and hereby respectfully moves the court for a pre-trial evidentiary hearing to determine whether Defendant is immune from criminal prosecution. Defendant additionally requests that at the conclusion of the evidentiary hearing, this case be dismissed, and Defendant be discharged without further obligation of this Court."
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A date has not yet been determined for the immunity hearing. Miles has pled not guilty.
In the immunity hearing, Miles' attorneys would have the opportunity to argue in front of a judge that Miles acted in self defense, made possible through Alabama’s stand your ground law. If the attorneys succeed, the judge could dismiss the cases against Miles.
If the judge doesn't make the self-defense ruling, the next step would either be a plea agreement or a jury trial.
Two bond hearings have been held for Miles. Throughout, Turner, has argued Cedric Johnson, the boyfriend of Harris, was the initiator of the incident and that Miles provided the gun to Davis for protection. Davis’ attorney, John Robbins, has argued Davis acted in self-defense. Meanwhile, the state’s position is that Davis shot first.
Robbins has filed for youthful offender status for Davis because Davis was 20 at the time of the shooting. Anyone in the state of Alabama who is under 21 when charged with a crime has a right to apply for youthful offender status. Davis is set for a hearing on July 21 to determine whether he gets youthful offender status. If granted, he would spend no more than three years in a corrections facility with no more than three years probation.
Nick Kelly covers Alabama football and men's basketball for The Tuscaloosa News/USA TODAY Network. Reach him via email: nkelly@gannett.com. Follow him on Twitter: @_NickKelly
This article originally appeared on The Tuscaloosa News: Darius Miles, ex-Alabama basketball player, granted immunity hearing
