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re: Why wasn’t Brandon Miller charged? Legal experts say it comes down to intent - AL.com

Posted on 2/22/23 at 1:55 pm to
Posted by Imber
Member since Sep 2017
18238 posts
Posted on 2/22/23 at 1:55 pm to
quote:

quote:
If the phone records show there were calls between Miles and Miller prior to the shooting the DA should be asking him what was discussed.

You don’t think this has already happened?


I don't know if it did or not. I haven't seen phone records mentioned in any of the articles. They probably asked him about conversations with Miles. He might have denied that they had any outside of whatever text messages were sent. Most lawyers would want copies of the phone records to see if there were any calls. I don't know if the DA has requested them or not. Even if they have they might not have received them only a month out from the shooting.
Posted by Flipper94
Member since Dec 2022
377 posts
Posted on 2/22/23 at 1:55 pm to
Yawn
Posted by Roll Tide Ravens
Birmingham, AL
Member since Nov 2015
51540 posts
Posted on 2/22/23 at 1:56 pm to
Before anyone claims Jay Town is part of a conspiracy, he is the former U.S. Attorney for the Northern District of Alabama appointed by Trump. He didn’t go to college or law school at Alabama either.
This post was edited on 2/22/23 at 1:57 pm
Posted by RollTide1987
Baltimore, MD
Member since Nov 2009
70788 posts
Posted on 2/22/23 at 1:56 pm to
quote:

You’re adding a lot of facts without any evidence.


I'm not adding anything. I'm simply saying that we don't know anything.

quote:

Miller is going to be suspended or you guys are gonna hear about this forever.



Oh, well. I think we'll survive.

quote:

Comes down to how much the administration really cares about innocent human lives being taken.


It comes down to culpability. I couldn't give a shite about the basketball program but if we're going to suspend someone over optics then we might as well just shut this shite down and stop playing sports.
Posted by JJxvi
Houston, TX
Member since Aug 2011
469 posts
Posted on 2/22/23 at 1:56 pm to
Miles gave his own gun to the trigger puller and even arranged for the gun to be brought to the scene through Miller. He also seems to have been there during the initial altercation unlike Miller. There is zero chance Miles wouldnt be charged. He’s got aome pretty big problems. Hes going to prison IMO. Miller would likely be found not guilty or just have to plea to some low charge if he was charged. I think if he didn’t play basketball for Alabama and was the star player he would be charged anyway right now to get a conviction on a plea but they know he will have University and Athletics backing him
Posted by WDE24
Member since Oct 2010
54852 posts
Posted on 2/22/23 at 1:59 pm to
quote:

Before anyone claims Jay Town is part of a conspiracy, he is the former U.S. Attorney for the Northern District of Alabama appointed by Trump.
Jay is a Notre Dame fan and was a good DA in Madison County before working with the US attorney’s office. He’s isn’t going to be part of any conspiracy. He also isn’t going to publicly question a fellow DAs controversial decision without having all of the evidence and facts. He might do so in a trusted confidential setting, but he wouldn’t put any such statements on record.
This post was edited on 2/22/23 at 2:00 pm
Posted by Nitro Express
Gulf Coast
Member since Jul 2018
17837 posts
Posted on 2/22/23 at 1:59 pm to
quote:

Tuscaloosa


Look at all the down votes. These losers are so mad an innocent young man isn't being charged as an accessory to murder, and all because they hate Alabama. That's next level crazy.
Posted by JJxvi
Houston, TX
Member since Aug 2011
469 posts
Posted on 2/22/23 at 2:00 pm to
The “optics” of this is that Alabama pretended for like a month that this was a “Darius Miles” incident when it was really a multiple Alabama basketball players incident and hoped it would all go away so they could win more basketball games
Posted by Roll Tide Ravens
Birmingham, AL
Member since Nov 2015
51540 posts
Posted on 2/22/23 at 2:05 pm to
With all of the accusations being made here against the Tuscaloosa DA’s office, it sounds like some of you should start filing complaints with the State Bar if you’re so sure that a conspiracy is ongoing in this case.
Posted by WDE24
Member since Oct 2010
54852 posts
Posted on 2/22/23 at 2:07 pm to
quote:

sounds like some of you should start filing complaints with the State Bar if you’re so sure that a conspiracy is ongoing in this case.
I would be surprised if there were any conspiracy. I think it is much more subtle than that. Miller appears to have been given a preferential benefit of the doubt by the DA typically reserved for the wealthy and/or influential in our justice system, that some no name 20 year old black resident of Tuscaloosa wouldn’t have received.
This post was edited on 2/22/23 at 2:08 pm
Posted by Smokeyone
Maryville Tn
Member since Jul 2016
21133 posts
Posted on 2/22/23 at 2:09 pm to
Horse squeeze. Possession of a handgun by a prohibited person. A federal charge.
Posted by WaterLink
Baton Rouge
Member since Sep 2015
20704 posts
Posted on 2/22/23 at 2:15 pm to
quote:

If your personal gun is in my car and you call me asking for it back, I'm not going to ask questions. I'm going to bring it to you because it's yours.


Hypothetically if my friend in college asked me to bring him his gun to Tigerland (LSU equivalent of The Strip) at 1:30 AM I'd probably be weary about it or have some questions about his intentions. I'd tell him I'll go pick him up and bring him home and then give it back to him once we're there, or I'd give it back to him the next day.

But you know, that's just me.
Posted by BFANLC
The Beach
Member since Oct 2007
23793 posts
Posted on 2/22/23 at 2:16 pm to
quote:

Possession of a handgun by a prohibited person. A federal charge


Who was prohibited?
Posted by Buster83
Somewhere in Texas usually
Member since Aug 2021
5695 posts
Posted on 2/22/23 at 2:17 pm to
quote:

Theres a lot of insinuation that Miller did more than he really did. The story makes it sound like he borrowed the gun and was asked to return it, or that he went to get it to bring it.

In addition the similarities between the names Miles and Miller has led to misattributions of the “its loaded” quotes to Miller when actually Miles said them. Miles knew it was loaded because it is his gun. Miller may or may not have even known if it was loaded (although Im sure he did, as you generally know if your friend is the kind who carries a loaded gun all the time). If you misunderstand Miles’ quotes to Davis as coming from Miller, it sounds like Miller made sure it was loaded.

What happened is that Miles carried a loaded gun on him, and possibly does all the time. Miller drives them to a club but Miles decides not to take the gun with him there, so its left in Millers car since he drove. The gun was supposed to just sit there until they got back to the car and it would be in Miles’ possession again. However, it seems Miller decided not to go to the club after all, so he left them there and drove away in a car that now has Miles’ gun in it. Presumably, Miles would just get his gun when Miller next picks him up at the end of the evening.

Miles later texts Miller that he needs his gun, Miller drives up, and it is Miles that tells the other guy (Davis) where the gun is and that it is loaded with one in the chamber. The text message or any extra testimony from someone else (which doesn’t seem to exist) is really all they will have to go on to decide whether Miller intended to bring the gun for them to use it. I think probably there is some evidence of a crime with the text, but its open to interpretation and is not a slam dunk by any means and it may be more valuable for the DA to have Miller testify what happened which might not be possible if he is also on trial.


This is the way I see it as well.

Quote from the article:
quote:

“Based on what we know, the declination by the Tuscaloosa DA 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.”


quote:

“You can’t just run a can opener around someone’s head and look in there and find intent,’’ Spina said. “Apparently, there wasn’t enough evidence to establish that Miller had the specific intent to participate in an act resulting in a death.”


Sounds like if they do discover that Miller knew what Miles and Davis were going to do that he could get charged with a crime. The evidence they currently have does not support a charge. I am not sure why that is so hard for some of you to understand. I would hope that if Miller knew he was intending to kill someone, he would have made a better decision about bringing Miles his gun.

I hope they will release exactly what the text said when Miles asked Miller to bring his gun to him. My guess is that it does not indicate that he is planning on using it or Miller would probably be facing charges right now.
Posted by BFANLC
The Beach
Member since Oct 2007
23793 posts
Posted on 2/22/23 at 2:18 pm to
quote:

I don't know if it did or not.


It has been...they also don't "request" the records they get a warrant for them. And since they are literally telling us what the texts said you know this has happened already.
Posted by ForeverGator
Elite 8 - 2020 Worst SECRant Poster
Member since Nov 2012
14162 posts
Posted on 2/22/23 at 2:21 pm to
quote:

The “optics” of this is that Alabama pretended for like a month that this was a “Darius Miles” incident when it was really a multiple Alabama basketball players incident and hoped it would all go away so they could win more basketball games


These guys are also conveniently leaving out the fact that Miller blocked the victim from leaving as well.

No intent? Comon guys.
Posted by rebelrouser
Columbia, SC
Member since Feb 2013
13146 posts
Posted on 2/22/23 at 2:22 pm to
quote:

Sounds like what I said. He willingly brought a gun to an altercation.


Where does it say that Miller knew there was an altercation?He was asked to return a friend's personal property that he was holding.
Posted by WDE24
Member since Oct 2010
54852 posts
Posted on 2/22/23 at 2:23 pm to
quote:

Where does it say that Miller knew there was an altercation?
In the text that miles sent him…If you read jive
Posted by Imber
Member since Sep 2017
18238 posts
Posted on 2/22/23 at 2:27 pm to
quote:

It has been...they also don't "request" the records they get a warrant for them. And since they are literally telling us what the texts said you know this has happened already.


You're out of your depth here. Trust me. Whether you characterize it as a warrant or a subpoena there are legal devices that are used to obtain the records, and they take time, often more than 30 days.

They may have seen the texts on his phone. They may not yet have received the phone records, if in fact they have been subpoenaed/requested. It takes time to get a response to a subpoena. The phone records would reflect whether there were any calls between Miles and Miller and at what time the calls were made in comparison to the text messages.
Posted by forestwhitackersgood
Dallas
Member since Jun 2019
3309 posts
Posted on 2/22/23 at 2:28 pm to
Intent be damned when it involves anything Alabama.
.

tRant
This post was edited on 2/22/23 at 2:29 pm
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