Prosecutors Say Defense Lacks Evidence To Prove Darius Miles Acted In Self-Defense

TUSCALOOSA, AL — Prosecutors in the capital murder case against former Alabama basketball player Darius Miles argue that defense attorneys have not proven that Miles was acting in self-defense when he allegedly provided the gun used in the shooting death of 23-year-old Jamea Harris in January.

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As Patch previously reported, defense attorneys for Miles have insisted that he feared for his safety and that of others when he gave Michael Lynn Davis his legally owned handgun in the minutes prior to the Jan. 15 shootout on Grace Street.

Sixth Judicial Circuit District Attorney Hays Webb, whose office is prosecuting the case, submitted a response to the pre-trial immunity hearing brief filed by the Turner Law Group at the conclusion of the self-defense hearing for Miles in September.

Wednesday represented the optional deadline for Webb's office to file a response to the pre-trial immunity hearing brief filed by the Turner Law Group at the conclusion of the multi-day hearing.

Webb, in Wednesday's filing, said no evidence has been presented to support the claim that Miles acted in self-defense.

As Patch previously reported, the defense has argued that Miles saw Harris pass a gun to her boyfriend, Cedric Johnson, as he sat in the back seat of her Jeep Wrangler during a verbal altercation with Davis on The Strip prior to the shooting.

Primarily, Webb focused on the absence of imminent danger to Miles and those he was with the morning of Jan. 15. Indeed, it was mentioned during the pre-trial immunity hearing that Miles did not tell investigators he had feared for his safety in the minutes prior to the shooting.

Webb goes on to say that the defense for Miles has not explained how it plans to assert claims of self-defense considering Miles was not the one who pulled the trigger. Rather, Miles is considered a suspected accomplice in the murder of Jamea Harris.

ALSO READ: Court Transcripts Bring Self-Defense Case For Darius Miles Into Focus

What's more, Webb pointed to what his office views as a lack of evidence presented by the defense relating to Miles’s state of mind when providing Davis with the handgun used in the shooting.

"Testimony demonstrated that Miles had time to walk with, talk with, and provide a gun to the shooter, Michael Davis, after any possible perceived threat," the filing by the District Attorney's Office says, before saying that a defendant must entertain an honest belief that they are in actual danger when deadly force is used.

Indeed, the District Attorney says even if Miles perceived a threat, and if his response was defensive, his action was speculative in nature and without the imminence necessary to support a claim of self-defense.

To conclude the latest filing, prosecutors insist that Miles did not present sufficient evidence to show he acted in self-defense.

Circuit Court Judge Daniel Pruet has yet to issue a ruling on whether Miles will be immune from prosecution and no timetable has been provided as to when a ruling could be expected.

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