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re: Bama still playing Miller is because he hasn't been charged w/a crime
Posted on 3/21/23 at 3:52 pm to SidewalkTiger
Posted on 3/21/23 at 3:52 pm to SidewalkTiger
This is the portion of Alabama's murder statute regarding felony murder:
(a) A person commits the crime of murder if he or she does any of the following:
...
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.
It simply doesn't apply in Miller's case.
(a) A person commits the crime of murder if he or she does any of the following:
...
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.
It simply doesn't apply in Miller's case.
1
Posted on 3/21/23 at 3:52 pm to Imber
quote:
People have been charged for much less
That’s not the flex you think it is
Posted on 3/21/23 at 3:55 pm to skrayper
quote:
quote:
People have been charged for much less
That’s not the flex you think it is
I'm not arguing that the DA should have indicted Miller. I'm simply saying they could have if they wanted to.
Posted on 3/21/23 at 3:55 pm to JetDawg
quote:
Early on, I thought it would be wise for Oates to suspend Miller until everything was cleared up.
This sounds good but the problem is that they just had the preliminary hearing last week and it will likely be a year or more before it plays out.
Thanks for a reasonable post.
Posted on 3/21/23 at 3:58 pm to PeleofAnalytics
Go get your juris doctorate son and then actually practice law as a prosecutor, then you get the chance to talk.
Seriously, this is a shite situation. I would hate to see this guy’s career tarnished for this kinda thing in any way. There’s a lot of problems in this debacle. First is, he made a shift choice and no one cares. It’s a different situation if Miller says no. Right? Please tell me how it’s not.
What we should be talking about is how we can keep our athletes from doing stuff like this and using good judgment. Instead folks are arguing that Miller is some choir buy and who gives a shite that he played a key piece in the death of someone (and yes the a-hole that actually fired the shot/s should be prosecuted).
Seriously, this is a shite situation. I would hate to see this guy’s career tarnished for this kinda thing in any way. There’s a lot of problems in this debacle. First is, he made a shift choice and no one cares. It’s a different situation if Miller says no. Right? Please tell me how it’s not.
What we should be talking about is how we can keep our athletes from doing stuff like this and using good judgment. Instead folks are arguing that Miller is some choir buy and who gives a shite that he played a key piece in the death of someone (and yes the a-hole that actually fired the shot/s should be prosecuted).
Posted on 3/21/23 at 4:01 pm to Schooter
quote:He literally made the choice to give his teammate a ride, as was prearranged. His teammate left his gun in the car, and his teammate gave the gun to another party, who then used it in the commission of what might be murder.
I hate the fact this kid is involved in this but he made a piss poor choice. And the felony murder rule was designed for this purpose among many others.
The felony murder rule was designed to punish people who knowingly participate in a crime which ultimately results in the death of someone else (i.e. robbery). It's laughable to even attempt to apply that to Miller here.
Posted on 3/21/23 at 4:03 pm to the808bass
quote:IF the father and driver of the Jeep could be located, the authorities could issue a court subpoena. It's very possible he may cooperate with the investigation and law enforcement in this case. He may be able to provide an answer as to why he chose to re-enter the scene of what turned out to be a crime scene with his truck lights off, blocking the car in front of him? He could explain who inside the Jeep fired the gun? He could provide the "other" side of the story that may be a little fuzzy on the camera footage.
He likely will be called. What do you think he’s going to add?
Posted on 3/21/23 at 4:12 pm to the808bass
.
This post was edited on 3/21/23 at 4:16 pm
Posted on 3/21/23 at 4:16 pm to Imber
“…in the course of and in the furtherance of…”. It seems like this was the case. No?
Miles says says bring me the piece right? Because there’s a situation? Is that correct?
So Miller arrives because he’s supposed to pick Miles up as pre-arranged. And somehow the gum is just simply retrieved from the backseat without any discussion whatsoever about a “situation “?
Seriously, there’s issues here.
Miles says says bring me the piece right? Because there’s a situation? Is that correct?
So Miller arrives because he’s supposed to pick Miles up as pre-arranged. And somehow the gum is just simply retrieved from the backseat without any discussion whatsoever about a “situation “?
Seriously, there’s issues here.
Posted on 3/21/23 at 4:28 pm to Schooter
Your conclusions are all wrong.. But you keep typing. Its very entertaining 
Posted on 3/21/23 at 4:29 pm to Schooter
quote:
Go get your juris doctorate son and then actually practice law as a prosecutor, then you get the chance to talk
Ahh the argument from authority. How adorable. For a guy with a JD, you should be able to cite a simple case where the facts match up to Millers. I mean a huge portion of my job is to research tax cases that match our clients' fact pattern so even a simpleton without a precious JD can do that. We even let our interns do it sometimes.
I understand. One of the dumbest people I work with has a JD and got relegated to trust work because she fricked up almost everything she touched. Nepotism sucks. But she still has delusions of grandeur that she was unimpeachable when it comes to all things related to the law. Once she actually managed to sign and send it a tax return with a giant red draft watermark on it, bless her heart. Well you did try really hard here today.
I suggest sending the Tuscaloosa DA an email with your thoughts on the matter since it looks like they are letting a murderer go. But you probably should cite a relevant case first. Later.
Posted on 3/21/23 at 4:35 pm to Schooter
quote:Yes. Self-defense is a lawful action, especially in Alabama. No reasonable person would read that text and assume that Darius Miles, a person with no criminal record and who has been held at gunpoint before in Tuscaloosa, would be requesting the return of his own firearm so he could promptly use it in a murder rather than for self-defense.
Miles says says bring me the piece right? Because there’s a situation? Is that correct?
Posted on 3/21/23 at 4:47 pm to PeleofAnalytics
Good lord son get ahold of yourself. None of this has to do with tax law. Or did I miss something?
There are serious issues involved in this matter that I don’t think are being dealt with.
So you would have just willingly brought a piece to an active “situation”??? Seriously, what’s your answer tax man?
There are serious issues involved in this matter that I don’t think are being dealt with.
So you would have just willingly brought a piece to an active “situation”??? Seriously, what’s your answer tax man?
Posted on 3/21/23 at 4:53 pm to TideCPA
quote:
Yeah, ascertaining why our innocent victim was circling the block and pulling up behind Miller with his headlights off and gun at the ready at 1:42am is clearly unimportant.
You can’t have it both ways. You can’t pretend this is nefarious and Miller bringing the gun is innocent.
Posted on 3/21/23 at 4:54 pm to RT1941
quote:
He may be able to provide an answer as to why he chose to re-enter the scene
He didn’t “re-enter” shite. He drove a half a block.
Posted on 3/21/23 at 4:56 pm to TideCPA
So this is a total self defense case? Honestly I really don’t know but doesn’t seem that way?
Seems like if it’s self defense then the perpetrators could have just removed themselves from the situation?
Seems like if it’s self defense then the perpetrators could have just removed themselves from the situation?
Posted on 3/21/23 at 5:20 pm to Schooter
quote:It appears you did.
Or did I miss something?
quote:
So you would have just willingly brought a piece to an active “situation”???
No I wouldn't and, despite wishes to the contrary, there does not appear to be any proof that Miller willingly (or knowingly) brought a gun to an active "situation". They did teach that whole "proof" thing at this institution that gave you a JD, right? If you have that proof that Miller knew he was bringing a gun (something the investigators must have missed after reading all of Miller's texts that night), I can link you to the email of the Tuscaloosa PD. Again, I think you missed something. Sending someone a text does not mean they read it.
I am starting to feel really bad doing this to you but you just keep responding. Seriously dude... a "JD" and the best you have is a claim he willingly brought the gun with no evidence to prove that he knew Miles was even asking for it? It is really adorable how hard you try.
Posted on 3/21/23 at 5:22 pm to PeleofAnalytics
He read it. We all know he read it. You’re pretending.
Posted on 3/21/23 at 5:23 pm to the808bass
quote:
He read it. We all know he read it. You’re pretending.
Nothing but an assumption on your part.
Posted on 3/21/23 at 5:24 pm to Imber
quote:
People have been charged for much less, but those people aren't the star basketball player at the University of Alabama.
Ok, but every day many people are not charged for doing much more, but they aren’t star players at Alabama so you wouldn’t care in the least and their name wouldn’t be slandered prematurely by thousands of other transparently fake virtue-signaling hypocrites. So is Miller benefiting from his position here or being harmed by it? How can you be so sure at this point?
The problem with your logic is it’s not logical at all. You want to have it the only way that reaches your preferred conclusion, but you’re unwilling to see your ‘thought process’ (if one can call it that) to its logical conclusion.
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