Defendants claim video disputes testimony, that boyfriend of the deceased victim was the aggressor in shooting.
TUSCALOOSA, Ala. — Attorneys for former Alabama basketball player Darius Miles will have a new bond hearing at least in part due to video of the high-profile Jan. 15 shooting and the events that led up to it differ from the testimony initially presented.
The Turner Law Group, which is representing Miles, made the motion at the Circuit Court level last week, and it has been assigned to Judge Daniel Pruet. The initial hearing was at the district court level, with Judge Joanne Jannik presiding.
The hearing has been scheduled for May 24.
Earlier this month, Miles and Michael Davis, who police say was the triggerman, were indicted by a grand jury on capital murder charges for the death of 23-year-old Jamea Jonae Harris near campus.
The attorney for Davis, John Robbins, told BamaCentral that he'll be filing a similar motion with the court, "probably tomorrow."
Court records indicate that Miles' attorneys filed a motion to compel last month, requiring the city and university to provide surveillance video from the area from 10 p.m. to 3 a.m. The shooting occurred at approximately 1:45 a.m. on Grace Street, just off the restaurant/bar area known as "The Strip."
On Thursday, Miles' attorneys filed an additional motion asking police to produce the cell phones of Cedric Johnson, Harris and Asia Humphrey, who were in Harris' Jeep at the time of the shooting. Johnson was Harris' boyfriend and is the father of their 5-year-old son. They were out with Harris' cousin Humphrey, a university student.
Johnson, who allegedly exchanged fire from inside the Jeep with Davis, did not appear at the initial hearing to testify.
"He's kind of AWOL," Robbins said. "He's the troublemaker."
Robbins has steadfastly maintained that the victim's boyfriend fired first, causing his client to act in self-defense.
The video has not been made public, in part due to the graphic nature of the shooting. But Robbins confirmed reports that it shows the Jeep circling the area after an initial verbal altercation, and pulled in behind the car of All-American forward Brandon Miller, where the shooting subsequently occurred.
The gun Davis used belonged to Miles, and was in Miller's car. Through his attorney, Jim Standridge, Miller said in statement last month that he never saw or handled the gun, "and never knew that illegal activity involving the gun would occur." Neither Miller, nor teammate Jaden Bradley, a fellow freshman who was also present, were considered suspects, and neither faced any disciplinary action from the school or basketball program.
Alabama basketball will play in the Sweet 16 of the NCAA Tournament this weekend in Louisville.
Miles' attorneys are requesting that a bond be set after being initially denied. After the hearing the Turner Law Group issued a statement expressing disappointment “considering the evidence uncovered during our investigation and the obvious weaknesses in the government’s case brought to light during the preliminary hearing.”
Per the motion: "The Defendant has no prior criminal history. The Defendant is not a flight risk and his family will be able to pay for an ankle monitor. The Defendant will agree to be subject to a curfew. The Defendant will agree to be monitored by Tuscaloosa Community Corrections."
This report was initially posted on Tuesday, and updated on Wednesday.
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