Attorneys for former University of Alabama basketball player Darius Miles filed a motion on Sunday asking a judge to throw out information he told investigators after a deadly shooting on the Tuscaloosa Strip in January.
Miles has been charged with capital murder alongside childhood friend Micheal Lynn Davis for the shooting of Jamea Harris. He has been accused of knowingly providing Davis with a handgun, which Davis later used in a shootout with Harris' boyfriend, Cedric Johnson.
According to reports, the attorneys argued an investigator illegally questioned Miles after the incident, failing to read him his Miranda rights before seeking specific information.
The motion claims the investigator did not tell Miles that anything he said before being read his rights would be inadmissible in court. Instead, it claims the investigator asked Miles to repeat some of the information after his rights were finally read.
It also claims the investigator asked Miles for an autograph after he read him his Miranda rights.
Miles' attorneys have argued that Miles offered the weapon to Davis out of fear for his safety. They have maintained Miles saw Harris hand a pistol to Johnson after a verbal altercation.
During the shootout between Johnson and Davis, Davis was shot twice. This has raised questions about who, if anyone, was acting in self-defense.
Miles is asking the court to drop his charges using the state's "Stand Your Ground Laws," which do not require one under serious threat to attempt to retreat before using lethal force.
Witnesses testified last month in an immunity hearing for Miles, including Shu'Bonte Greene, a friend of Johnson's who was seen on The Strip on the night of Harris' death.
The defendant's attorneys asked Greene about video evidence, which he said showed a man retrieving a shotgun from the trunk of Greene's car while parked behind dumpsters on Grace Street. Greene denied any knowledge of the incident.
Greene admitted to having ties to gangs. He said Johnson had gang ties as well. Nevertheless, he said they quit the gang after joining. Greene spoke about his past criminal record, which he stressed has never included murder.
Nevertheless, issues with witnesses urged the judge to set Miles' pre-trial immunity hearing to resume on September 29.
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