As you already know, I truly appreciate your knowledgeable input, but I have one question. How does Miles know his friend needs a gun to protect himself before Miller gets there(the text that was sent)? Miles friend goes to the car, retrieves the gun(or so I assume), and bullets start flying. We don’t know if Johnson or Davis fires first, but, due to Miles text, it seems evident that he felt Davis needed a gun before this all broke out.
Have you heard me say once that there is not a matter that Miles must answer for. Under Title 13A-2-23 Code of Alabama 1975, as amended, Self Defense is a matter that must be asserted and proven, as a defense to a crime. The Code of Alabama clearly defines the shooting of a weapon into a vehicle that kills someone, can be Capital Murder. The supplying of a weapon with the knowledge that it is going to be used to commit a Capital Murder can make one an accomplice before the fact, which would make them just as guilty, as the principal. If Ms. Harris was an accomplice to Mr. Johnson, then the Self Defense would apply to her. It does not matter who fired first, whether it be Johnson or Davis, If one has the ability to safely retreat, the law of Alabama requires retreat. If one voluntarily enters into an affray, the Doctrine of Self Defense does not apply. If, as has been alleged, and I say "if" Johnson pulled in directly behind Miller, as he saw Miles and Davis approaching Miller's vehicle, then I think it is clear who the instigator of the second dispute was and that there was a voluntary entry. Except for Johnson pulling in behind Miller, with Johnson's headlights off, a loaded pistol, with loaded cartridges, ready to shoot, (
All shots were fired in a five second time frame,) four from Johnson and eight from Davis) the death of Ms. Harris would not have occurred. It sure sounds like Johnson's shots were fired first, if he only fired four times.
If those are the facts, and there is strong evidence those are the facts, then Miles had an obvious fear that he needed his weapon. Do you think for a second, in view of Mr. Johnson's apparent actions, that if the facts are correct and there was not gun for Mr. Davis to grab, that we would not be talking today about what kind of season Bama would have had if Davis, Miles and Miller had been murdered by Mr. Johnson that night, because I can see where that was Mr. Johnson's intent from his actions of waiting for Miles and Davis to leave the Bar, pulling up behind Miller's vehicle, with a loaded pistol and loaded cartridge to insert in the pistol. Of Course, I am assuming that the video shows Miller's account to be accurate, which TPD seems to say it does. I am reminded that there is an old saying "that the only thing that stops a bad guy with a gun is a good guy with a gun." While I would not call Davis a good guy, I am fairly confident that had Davis not had access to a weapon that Davis, Miles and possibly Miller would be dead or severely injured right now. I am of the opinion that, if the facts are accurate, Harris knew what was coming down and voluntarily participated. If the facts are true, as alleged, then the worst that is going to happen is that Davis will get a manslaughter conviction, which means Miles will walk away with the attorneys, when they leave the Courthouse.
I suspect that there is something in the video that has not been reported to the press and/or made public that affects the narrative. I do not know the reason, but absent that situation, I understand the charge against Davis and Miles. I also understand that there are defenses, which are available. What I do not understand, is why Johnson has not been charged?
Now other than the legal arguments, Once upon a time I was a Police Officer and once upon a time I popped beer tops to pay for college. I have been there at two in the morning, on many occasions in my younger days. You know when an incident is out of hand you need to call for Police assistance. TPD has very limited resources, so I do not know if they would have come to escort Miles and Davis to Miller's car, but you know when you are in trouble. Also, there are plenty of barkeeps that provide athletes free drinks to get them to come to the bar, so they can attract jock sniffers. There are also plenty of tough guys that want to impress the opposite sex by showing how tough they are, so they challenge athletes. I am not saying that is what happened, but it sure sounds like it.
Please excuse me, if I let all the facts come out before I cry for Ms. Harris. If the facts, as alleged are I accurate, I personally think there is a strong chance that she knew exactly what she was involved with and she was a willing participant. We will see if the facts prove me right.
