Lawyer explains why former Alabama basketball player is charged with capital murder

BIRMINGHAM, Ala. (WBRC) - Former Crimson Tide Basketball player Darius Miles remains behind bars in Tuscaloosa for his role in the death of Birmingham mother Jamea Harris, but court records indicate that Miles didn’t pull the trigger, just provided the gun.

Criminal Defense Lawyer Tommy Spina says that is because of the concept in our laws known as “aiding and abetting”.

Spina said that essentially, you are responsible for those individual’s actions that are reasonably foreseeable in the commission of a crime.

So in this case, since investigators say Miles admitted to handing the gun to Michael Lynn Davis, and the belief is that Davis fired the gun, killing Harris, then both of the men would be charged.

Spina also stressed the situation is capital in nature because the shooter fired into an occupied vehicle, which automatically upgrades the charges to capital.

“Keep in mind that all we are determining at this point is whether there is probable cause for him to be charged with that offense. Probable cause is a standard of proof and it just happens to be the lowest of low standards of proof,” said Spina.

A preliminary hearing has been set for Miles and Davis.

Both men will appear before Judge Joanne Jannik at the Tuscaloosa County Jail Feb. 7 at 10 a.m.

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