Bond Denied Again In Capital Murder Case Of Ex-Alabama Basketball Player Darius Miles

TUSCALOOSA, AL — Tuscaloosa County Circuit Court Judge Daniel Pruet denied setting bond for capital murder suspect and former Alabama basketball player Darius Miles during an hour-long hearing Wednesday.

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As Patch previously reported, Birmingham native Jamea Harris, 23, was shot and killed in the passenger seat of her Jeep on the morning of Jan. 15 on Grace Street near the Tuscaloosa Strip. Words had reportedly been exchanged between her boyfriend Cedric Johnson and Maryland native Michael Davis in the minutes immediately before the shooting, with video evidence raising potential arguments of self-defense for both sides.

Many new developments surfaced during the hearing, including the argument made by defense attorney Mary Turner regarding how Cedric Johnson — the boyfriend of Jamea Harris who shot Michael "Buzz" Davis twice during the altercation — has avoided being served a subpoena to testify under cross examination.

Johnson was present in the courtroom on Wednesday, with Turner calling him out by name ahead of the hearing. As the courtroom began to fill up, a private investigator for Turner served Johnson the subpoena to testify at a later date.

Miles was charged with capital murder along with Davis, his childhood friend, for providing the handgun used that resulted in Harris' death — in addition to investigators arguing that Miles lied to police in the immediate aftermath and provided the handgun to Davis knowing it would be used in the commission of a violent crime. In February, Tuscaloosa County District Judge Joanne E. Jannik denied bond for both men after a three-hour preliminary hearing in the Tuscaloosa County Jail.

Still, the first half of the hearing Wednesday morning focused on issues raised by the defense regarding certain discovery items, namely video evidence and the results of certain forensics tests. One crucial piece of evidence sought by the Turner Law Group, however, focuses on the official statement given by Miles to investigators at University Downs apartments immediately following the shooting.

Defense attorney Grace Prince argued that several requested pieces of evidence had not been provided to the defense team for Miles, which included her client's official statement to police — a statement, she said, which would have been recorded on a police body camera.

However, Assistant District Attorney Paula Whitley responded that the District Attorney's Office had provided all of the discovery evidence requested, which ultimately prompted Judge Pruet to issue a series of two-week orders for discovery items requested, but yet to be provided to the defense, if the evidence does indeed exist.

Following the conclusion of the questions raised regarding discovery, Turner provided a PowerPoint presentation and laid out the facts of the case for the defense as she sought bond for her client.

As she argued in the preliminary hearing in February, Turner insisted that Johnson — who was sitting in the courtroom Wednesday and has not been charged with any crime — was like a "hawk circling his prey."

Turner also mentioned other potential witnesses, including Shu'Bonte Greene, who could be seen on video driving a red Chevy Impala the morning of the shooting. At one point during the video evidence presented during the preliminary hearing in February, Johnson can be seen interacting with Greene and two other men.

In one of the new revelations during the latest hearing, Turner said Greene is unable to testify because he is currently in jail in Jefferson County. Identifying the two other men has also been difficult for the defense, with Turner saying on Wednesday that one of the men is believed to have died in the few months since the shooting.

Still, Turner pointed out that, as seen on security camera footage, Johnson meets with Greene in the parking lot of an apartment complex a street over from where the shooting occurred minutes later. It's during this interaction that Turner says one of the men gets out of the Impala and retrieves a shotgun from the car's trunk.

It's around this time that Miles texted Alabama basketball standout Brandon Miller to bring him his legally owned handgun because he had reportedly seen a gun passed by Harris to Johnson during the verbal altercation earlier on The Strip.

Defense attorneys for Miles have cited numerous instances they believe show that Miles worked to de-escalate the situation and get Davis away from the Jeep following the initial interaction.

Turner insists that Miles was not the shooter on the morning of Jan. 15 and was not even present at the scene. Indeed, as Patch previously reported, Miles and his girlfriend were believed to have picked up Davis immediately after the shooting and claimed to not know how he had been shot before Miles called 911.

At one point during the hearing, Turner said Miles was a block away from the scene when shots were fired. Conversely, Whitley argued that Miles, instead, intentionally got his girlfriend out of the way in the moments prior to the shooting because he knew what was about to happen.

It's also worth noting, as the defense team for Miles has pointed out, that the group of basketball players were in the area that would become the Grace Street crime scene as Miles, Davis and others worked to break up an unrelated physical altercation involving Miles's girlfriend and several other young women beside the CVS Pharmacy.

Still, Whitley reiterated past assertions that the Jeep driven by Johnson was blocked in by other vehicles when it turned down Grace Street — primarily the one driven by Alabama basketball standout Brandon Miller that was parked on Grace Street behind a car driven by his teammate Jaden Bradley.

Video evidence independently viewed by Patch, coupled with the fact that neither Miller nor Bradley have been charged with any crime, seems to contradict claims that the Jeep was intentionally blocked in, especially when considering the unrelated fight along the same street that had just been broken up.

Miller's car was struck twice by bullets, possibly fired by Davis as he ran away from the scene, and the Jeep and Miller's car had a minor collision immediately following the shooting as they tried to speed away from the narrow side street.

Miller was not mentioned by name during Wednesday's hearing and has not been charged as a suspect connected to the fatal shooting.

Immediately prior to the shooting, Miles and Davis were recorded by the dash cam in Miller's car discussing the gun, with Miles telling Davis the gun was loaded and there was a round in the chamber. This is a crucial piece of evidence for the prosecution as it works to make a convincing argument that Davis was the sole aggressor and aided by Miles, who provided the murder weapon.

After this brief exchange, Davis then apparently gets the gun and can be seen walking off in an opposite direction from the larger group following the fight beside CVS. During one piece of video evidence, though, the black Jeep can be seen pulling up to the intersection with Grace Street as Davis can be seen walking the other way. It's at this time the Jeep cuts off the head lights and turns down Grace Street to where the other two cars are parked.

As the Jeep pulled in behind Miller's car, Davis can be seen almost immediately — gun in hand — running up to the driver's side window of the Jeep.

But when the shots are fired, Davis is struck twice and even appears to go to the ground before getting to his feet to fire a shot through the windshield of the Jeep. While conclusive evidence has not been presented to confirm this was the shot that killed Harris, both sides seem to accept the basic dynamics of how the shooting played out.

As Patch previously reported, both sides are now likely to argue their cases for self-defense, which will include determining who, exactly, was the aggressor the morning of Jan. 15.

ALSO READ: Bama Basketball Shooting Latest | Understanding State's Self-Defense Laws

Noticeable distance can also be seen between the defense for Miles and Davis, with Davis not present during Wednesday's hearing. As has been widely reported, Davis is seeking youthful offender status in his own capital murder case, due to being under 21 years of age at the time of the shooting.

What's more, Turner on Wednesday once again argued that Miles even attempted to de-escalate the verbal spat between Davis and Johnson that occurred roughly seven minutes before shots were fired. This notion was corroborated in testimony provided by former Alabama basketball player Jaden Bradley, who has since left the Crimson Tide program and transferred to Arizona.

ALSO READ: Bama Basketball Shooting Latest | Video Evidence Illuminates Tragedy

Separately, Turner focused on Johnson's role in the shooting. As Patch reported in March, extensive video evidence shows the black Jeep owned by Harris, but driven by Johnson, from multiple angles immediately prior to the shooting. This followed the brief interaction with Greene in the parking lot of a nearby apartment complex.

Turner then made the argument that the Jeep could be seen circling the block in the vicinity of Grace Street, before the headlights are cut off and the Jeep pulls onto Grace Street behind Miller's car. Indeed, Turner referred to Johnson as being like a "hawk circling his prey."

After laying out the basic facts of the case, the hearing shifted to focus on testimony vouching for Miles' character, with over two-dozen individuals writing letters or providing statements in support of the former basketball player.

The individuals quoted during the hearing on behalf of Miles ranged from a former assistant district attorney in Manhattan to Dr. Craig Buettner — the team physician for Alabama men's basketball.

Turner said Buettner was one of the very first people to reach out after Miles was arrested.

“I do feel that I can vouch for Darius that he would not be a flight risk and that he would follow the rules and conditions that were imposed throughout the process," Buettner said. "I have had interactions with his mother over the course of the years and also find she would be one who would keep him accountable to the terms and conditions of the bond.”

Mental Health Counselor Suzette Smalley also spoke on behalf of Miles's character and said she was stunned with disbelief after receiving the news.

"In our sessions, he has never projected any violent tendencies," Smalley said. "Darius is caring, compassionate, kind, and unselfish (putting others before himself)... It is my opinion that if Darius is released on bond that he is not a danger to the community.”

Miles's parents expectedly advocated for their son's release ahead of trial, with his family going so far as to move from the Washington D.C. area to rent a place to live in Tuscaloosa. Turner worked to underscore her client's support network and pointed out that his mother and stepfather are both law enforcement officers, while his father is a military veteran.

As Patch previously reported, Miles was immediately kicked off the Alabama men's basketball team following his arrest for capital murder less than 15 hours after the fatal shooting on Grace Street.

Still, even his former teammates spoke to his character and showed up Wednesday in support of their friend.

Crimson Tide guard Jahvon Quinerly was in the courtroom audience and he is reportedly good friends with Miles. During one of the slides during the presentation, a photo of the two men shows them smiling with their arms around one another's shoulders.

“He constantly pushes those around him to be better players on the court and when his teammates sometimes needed motivation, he was always supportive of his brothers," Quinerly was quoted as saying during Turner's presentation regarding Miles' character.

Other players that spoke out in support of their former Crimson Tide teammate included Noah Gurley, Juwan Gary and Jaden Shackelford.

Gurley, for instance, also said Miles helped him "tremendously" during his time at Alabama.

"There were times when I struggled with my confidence, and he reassured me that I was meant to be there," Gurley said, before speaking about Miles and his involvement in the community. “Seeing how Darius interacted with the community of Tuscaloosa showed me how to give back as well. The kids that would come to basketball camp enjoyed being around him because of how much energy and fun he brought."

Turner's presentation ended somewhat on this note, focusing on the relationship shared by Miles and the Galloway family from Russellville — whose son Nick, now 15 years old, developed a longstanding friendship with Miles after attending a basketball camp in Tuscaloosa.

Turner's voice became emotional when she said the family regularly makes the two-and-a-half hour trip on Sundays to visit with Miles in the Tuscaloosa County Jail. The Galloway family was also in the courtroom on Wednesday.

“Anybody would be blessed to meet Darius Miles," Nick Galloway wrote in a letter presented during Wednesday's hearing and read aloud by Turner. "There is never a boring moment from Darius. It is always fun and good laughs and I love this guy to death and I am glad I have got to know him for the past 4 years. Darius is a brother to me and part of my family. Darius is one of the best people you could meet.”

After hearing Turner's arguments in favor of granting a bond for Miles, Whitley insisted that — at a minimum — Miles provided the murder weapon to his close friend who had been acting erratically in the few minutes prior to the shooting.

"Jamea Harris was a mother, a daughter, a girlfriend, a special young lady whose future was wiped out," Whitley said, going on to speculate that the small son left without a mother because of the shooting possibly likes to watch or play basketball.

Whitley also said because of the actions of Miles the morning of the shooting, Harris will never get to see her little boy — five years old at the time of the shooting — enjoying basketball.

Judge Pruet considered both sides regarding the motion for bond for Miles and spoke directly to the former Alabama forward who sat by his attorneys wearing orange jailhouse scrubs, handcuffs and leg restraints. Given his athletic 6-7 frame, Miles was somewhat hobbled and slightly hunched by the restraints as he entered and exited the courtroom.

"You've got some folks doing extraordinary work for you," Judge Pruet said to Miles regarding his defense team, going on to say several factors posed by Turner worked in his favor.

Judge Pruet also said he anticipates more information and evidence in the future could impact the outcome of the case for Miles, but only time will tell. As he said, the case is still very much in its "infancy."

Still, Judge Pruet opted to deny setting a bond for Miles due to the nature of the offense charged being capital murder. Whitley said if Miles is found guilty of capital murder, he could face life in prison without parole or the death penalty.

Following the hearing, the family of Jamea Harris gathered to wait on an elevator as TV and smartphone cameras recorded their quiet sobs. Little was offered in the way of comment from the family apart from that they believed the decision was fair in denying setting a bond for Miles.

Whitley declined to comment to the media gathered following the hearing, but Turner issued a statement to Patch saying the defense team for Miles stands by its previously stated position that their client should not be charged with capital murder, is not guilty of capital murder, and should not be denied bond in this case.

"Cedric Johnson initiated this incident, gathered his gunmen, and circled Darius and others in a Jeep with the lights turned off as a hawk circles its prey," Turner said. "In difficult times, we find strength in Paul’s counsel in II Corinthians 4:8-9 – 'We are hard pressed on every side, but not crushed; perplexed, but not in despair; persecuted, but not abandoned; struck down, but not destroyed.' We will continue to fight for Darius in all aspects of this case including bond."

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