Alabama star Brandon Miller invovled in murder investigation

[Bluedog]

So I understand that, apparently, there's nothing Miller can be charged with but what, in the coaches' eye is really the difference between Miller "transporting" the gun to Miles and then Miles "transporting" (i.e. handing it over to) the guy - Davis - who allegedly pulled the trigger?

Is Miles only kicked off the team because he's been charged with a crime by the cops? Seems slimey (at best) and reeks of unequal treatment of the "star" player vs. the benchwarmer.

It was Miles' gun. So, he bought/owned it. I guess that's the difference from a legal perspective. Not much difference from a team perspective IMHO. Miles was already out though with an ankle injury so he wasn't going to play this year anyways.

It's a "hockey assist" by Miller and a "direct assist" by Miles. (Using this analogy only to help explain it, not trying to equate accessory to murder as a sports assist.)

[ChrisP]

It was Miles' gun. So, he bought/owned it. I guess that's the difference from a legal perspective. Not much difference from a team perspective IMHO. Miles was already out though with an ankle injury so he wasn't going to play this year anyways.

It's a "hockey assist" by Miller and a "direct assist" by Miles. (Using this analogy only to help explain it, not trying to equate accessory to murder as a sports assist.)

Well...ok but I still can't believe Coach Oats' VERY LAME response to it all.

[Bluedog]

Well...ok but I still can't believe Coach Oats' VERY LAME response to it all.

Agreed

[rasputin]

Amazing, especially Oats's reaction.

Of course, as Groucho told us, in Alabama the Tuscaloosa.

But that's totally irrelephant to what I was talking about.

[Ian]

Wouldn't Miller at least be charged with illegal possession of fire arm, if he transported a gun that he had no legal ownership of?

[Bluedog]

Wouldn't Miller at least be charged with illegal possession of fire arm, if he transported a gun that he had no legal ownership of?

Not in Alabama based on their gun laws. Permitless concealed carry took effect on January 1, 2023. You don't need a permit to buy/possess/carry firearms. IANAL, however. I think you do need to be 19 though. Brandon Miller is 20, I believe.

[weezie]

Is there any difference in the gun being loaded?

[tommy]

A lot of posters here are way off on the criminal consequences of Miller’s actions here, as reported. While I do not know Alabama’s particular statutes, if they’re anything like the statutes in many other jurisdictions with which I am definitely familiar, he is in legal jeopardy, or would be if he wasn’t a star player for the Tide.

First of all, ownership of the gun is irrelevant here. The issue is aiding and abetting. It doesn’t matter who the gun is owned by, but if Miller, with knowledge of the ultimate shooter’s intent, and with the intention (his own intention, that is) to aid and abet the shooter in his carrying out of such intent, does something like provide the gun to the shooter either directly or indirectly — no matter who owns the gun— then Miller is guilty of aiding and abetting murder. The consequences in most jurisdictions are the same whether you are the direct perpetrator of the crime or the aider and abettor. Meaning Miller would be liable for murder, same as if he had pulled the trigger himself. Same idea as the getaway driver in a bank robbery being just as liable for the crime as the partner who went into the bank and got the money.

Unless Alabamas laws on this are quite different than most or all other jurisdictions I’ve ever heard of, then the statement that there is “nothing he could be charged with” is flat out wrong. Willful blindness.

Oats’ take on this is disgusting. The school should suspend him ASAP but of course they won’t. “Nothing to see here” will carry the day for the top player and his coach on this championship contender team. Sickening.

[SamHouston]

What a sad and shameful story.

[SavDukeGrad]

Finally an article about this on ESPN.

Does it matter that the exchange of the gun was made in Miller’s car?

[MChambers]

Finally an article about this on ESPN.

Does it matter that the exchange of the gun was made in Miller’s car?

It would, if it was PJ Hairston's car.

[SlapTheFloor]

It would, if it was PJ Hairston's car.

It's amazing how much less press this is getting than Savarino's DUI.

[burnspbesq]

I am not now and never have been a criminal defense lawyer, but based on the facts currently known and my increasingly dim 1L memories, I think we could be looking at aiding and abetting.

[cato]

I could be wrong but wouldn't it be 'aiding in the act of' or 'conspiracy to commit' a felony, in this case a murder?

I am not a criminal attorney, but last time I stayed at a Holiday Inn Express, I slept next to one.

This would not be a conspiracy in CA based not the reported facts. To have a conspiracy, you have to have an agreement to commit a crime and acts in furtherance of the agreement.

Miller got his friend’s gun upon request. Nothing in the reporting suggests that Miller was part of an agreement to commit a crime. So no conspiracy.

I don’t know what “aiding in the act of” would be, but there could be any number of lawful reasons his friend wanted his gun, so merely bringing the gun at his friend’s request would not by itself aid in the act of a crime. No intent.

[cato]

I am not now and never have been a criminal defense lawyer, but based on the facts currently known and my increasingly dim 1L memories, I think we could be looking at aiding and abetting.

In CA to convict someone not directly involved with the crime as a principal in the crime, you have to reach threshold findings on things like (1) the defendant knew the perpetrator intended to commit the crime, (2) the perpetrator intended to aid the defendant, and (3) the words/actions aided the defendant in committing the crime.

There are more detailed concepts like “natural and probably consequences,” but those have to meet specific criteria.

Assuming Miller didn’t commit a crime by fetching his buddy’s gun for him, I accept at face value a decision by the authorities not to charge him with a crime.

[Norman Pfyster]

The CBS story has links to a summary of the policy testimony at the preliminary hearing, if anyone wants to get some facts about the story.

[JasonEvans]

Grayson Allen trips a dude and gets suspended … Brandon Miller brings a gun to a murder and Bama shrugs.

If Miller was QB of the Bama football team, the prosecutor probywould recommend him for a “citizen of the year” award.

[niveklaen]

A prosecutor would need to have some presentable evidence that Miller was aware that his buddy intended to commit a crime with the gun to be guilty of aiding and abetting. Something as simple as 'bring me my gun so I scare that punk' would make him an accessory to unlawful use of a firearm - which is a felony and in turn subjects him to felony murder prosecution. But the prosecutor needs to have something to hang his hat on wrt his buddies intent.

I of course have no idea what Miller did or did not know when he brought the gun so I am agnostic as to whether he is or is not a criminal.

(As a public defender I saw one of my friend's clients get life without parole for driving the car thinking his buddy was gonna beat up a guy - his buddy killed the guy so the client got convicted of acting in concert on the murder. Turned down 18yrs, will die in prison. The kid told the cops his buddy said he was gonna teach the guy a lesson. His own statement to the police was the knowledge of criminal intent that he was aiding.)

[Daddylawman]

I could be wrong but wouldn't it be 'aiding in the act of' or 'conspiracy to commit' a felony, in this case a murder?

Only if you can show that Miller had actual knowledge that Miles was going to use it in a crime. It certainly can be inferred, but I doubt there will be any evidence ​that Miller knew anything other than his friend wanted a weapon he was legally entitled to carry.

[Mtn.Devil.91.92.01.10.15]

The CBS story has links to a summary of the policy testimony at the preliminary hearing, if anyone wants to get some facts about the story.

Facts? This is the internet!