And then we parked our cars so that the victim could not escape? So that the situation could continue to be escalated?
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Taken from someone who claims to be an AL lawyer on Reddit:
“ Piggybacking this as an attorney in Alabama because these headlines are both intentionally vague and were written to bait people into driving clicks…
The Alabama Code specifically states that intent is necessary for an act to be considered
“in furtherance of a crime”, therefore making one an accessory or an accomplice.
Both concealed and open carrying are not illegal in Alabama. If they aren’t charging Miller there was no intent on his part, and there was some act that broke up the timeline between Miller bringing the gun and Miles handing the gun off. Beyond that, if Miles is charged, he likely did it after the altercation had started, knowing or intending it would be used.
It’s a terrible situation all around, and Miller is a f****** idiot for involving himself in any way whatsoever, but that’s why he isn’t being charged with anything.”
And all because she wouldn’t talk to him?
I still don’t understand how parking your car to block someone from leaving when you know they are about to get shot is not a crime.
We are all talking about the law….I would not be surprised if someone from her family took matters into their own hands.
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Protection from an ex-girlfriend?
They barricaded her in, went back to the car and got the gun and killed her by firing 11 shots.
At some point along the way, Miller had a chance to step in and deny the use of his weapon for those purposes.
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And no way you can argue self defense as a reason to bring the gun.
If you have to call someone to bring you your gun. It’s no longer self defense.
“Hey, guy. I know you want to shoot me. Let me call my friend really quick so he can bring me my gun. Just give me 10 minutes. And then we can have our shootout.”
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DA is an Alabama alum. Only reason Miller hasn’t been charged.
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Bring me my gun. I feel my life is in danger and need to protect myself.
That sounds like legal self defense.
Of course the wise thing to do would have been, I feel my life is in danger, come pick me up and get me out of here.
I would think the second would be smarter but the first would not be legally wrong.
So. You’re sitting around waiting for 20 minutes for Miller to bring you your gun? Doesn’t seem like your life is in all that much of danger.
And then you hit the nail on the head. Miller is there. In a car. You could just leave. Instead. You get your gun. And stay at the location. Life is really in danger.
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Not necessarily.
Did the guy know why his friend was calling and asking him to bring him a gun?
Could he have been worried that his friend was being threatened and gave him a gun THINKING that?
As I said PROVING intent or knowledge in such a case beyond a reasonable doubt isn’t impossible, and it can be inferred, but it isn’t easy.
My boss agreed with me on that when we talked about it this morning.
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@uhlaw97 my question is given the evidence available, if this was any other kid is it not fair to say that Miller would have been arrested and brought before a grand jury to determine if he should be charged? Thats what bothers me is I thought the point of a grand jury, and certainly a trial, was to determine these things we are talking about, but for the police to just waive it off and say nope when the question comes to intent is weird no?
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One of the major things they drill in your head when you take a concealed carry class (not that these kids did but I have and it was said over and over) is using your gun is the LAST RESORT.
you need to do everything you can to get out of the situation you’re in danger with.
Sticking around and waiting for someone to bring a gun to you, is not trying to get out of danger.
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I think its important to remember @uhlaw97 is not defending this behavior, simply offering his knowledge regarding legal standards and what is really the legal questions that need to be answered.
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His case (not necessarily Miller himself) COULD be brought to the Grand Jury without Miller being there, or even without Miller being arrested.
A Defendant can CHOOSE to appear before a Grand Jury, but can never be subpoeaned or otherwise forced to appear.
And even without an arrest, a DA can always present a case to the Grand Jury, and if the GJ finds that there is sufficient probable cause to support a felony charge, then they can “true bill” the case and return an indictment.
At that point, a warrant will be issued for the defendant’s arrest on that indicted charge.
Now then, please realize that the standard for getting an indictment is JUST “probable cause,” NOT beyond a reasonable doubt.
Even if the DA can prove a case sufficiently to get an indictment from a Grand Jury, it does NOT mean that they can necessarily prove that same case beyond a reasonable doubt, which is a much higher legal burden of proof.
It could be that the DAs here simply don’t think that they can prove a case against Miller beyond a reasonable doubt, and that’s why they haven’t charged him or even presented anything.
And it appears that any misdemeanor unlawful carry charge won’t work under Alabama’s current constitutional carry laws, which allow any non-felon aged 19 and above to carry without a license, unless he was carrying in a prohibited place or during a prohibited activity.
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So…Oats apologized for how he said what he said, but apparently still thinks it’s fine that 2 of his players were at the scene of a murder which just so happened to be on campus, one of which brought the loaded murder weapon and both of which used their cars to block the victims from escaping. Got it. I feel so much better about this situation now 
Note: eye roll and sarcasm not pointed at you, @Uhsigep96
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Facts
I believe the actual shooting happened at Bryant-Denny Stadium, not at the bar.
Miller saved by the hockey assist.
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thats really interesting. I think that makes sense, especially if a DA has political aspirations in the state, chasing a high profile case like this with a low chance of conviction is probably not a good look. I hear some DAs especially those with political aspirations are very careful about the cases they take because they want a high conviction rate.
I think at this point I’m moving on from the police and focusing on the school, coaching staff, and NCAA. because while Miller’s actions may or may not be legal, there is certainly a problem with his behavior at those levels. and honestly, the Most shocking part of this, was Nate Oats admitting to covering this up. to have known for weeks that Miller was involved and not address it is just dumb. these texts were always going to come out. Was he just hoping that it would come out after April 3rd? lol
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Naturally, if he violated some SCHOOL policy…the school could administratively suspend/expel him, or something like that.
But I’m guessing that there will be A LOT of pressure not to do that, you know, for OBVIOUS reasons.
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I am sure he apologized all on his own after thinking his answer was boneheaded and not because of backlash in the media.
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Culture isn’t just a word.
Neither is lack of institutional control.
There are things more important than a scoreboard and win-loss records.
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