The state of Alabama has announced that it will not pursue the death penalty against Darius Miles in the capital murder case. This information was revealed in a court filing on Monday, as Miles’ attorneys continue to request the dismissal of the capital murder charge. Miles, a former Alabama basketball player, and his friend Michael Davis are accused of the fatal shooting of Jamea Harris near the Strip entertainment district in Tuscaloosa on January 15.
Miles attended an immunity hearing in a Tuscaloosa County courtroom on Monday and Tuesday. His defense team argues that he should be immune from prosecution as he acted in self-defense under Alabama law. During Monday’s hearing, Judge Daniel Pruet focused on certifying various exhibits, including security videos, 911 calls, and video footage from Harris’ cellphone.
Miles’ defense attorneys claim they have been unable to serve Johnson with a subpoena to testify in court regarding who fired the first shot. On Tuesday, Johnson’s friend Shubonte Greene was brought to the courthouse after ignoring a subpoena. During his testimony, Greene admitted being with Harris and Johnson on the night of the shooting. Miles’ lawyer pointed out that Greene and Johnson were members of the West End Money Gang. However, Greene did not confirm whether a friend retrieved a pump shotgun from his trunk moments before the shooting. He did testify that he initially told investigators he could not remember who fired the first shot.
Michael Davis, Miles’ co-defendant, is accused of firing the shot that killed Harris. Both defense teams argue that they were acting in self-defense. Davis himself sustained multiple gunshot wounds during the shootout. Judge Daniel Pruet has postponed the remainder of the immunity hearing to a later date.