Laney; I don't know how you reconcile all of the versions of the shooting that I have heard. If the scenario set out by Miller's Attorney matches the video, which I do not know, then we have Johnson laying in wait and it looks like he was trying to ambush Miles and Davis. If the Police version is right, we have an intentional murder by Davis. If the version of Miles and Davis is right, we have mass confusion and an unintentional murder. If the version set out by Miller's attorney matches the video, then the Felony Murder Rule would clearly apply and Johnson would be equally guilty. If a Murder occurs during the commission of a Felony and you have reason to believe that the murder is possible, then you are guilty of murder. i.e. there is a crowd of bystanders and you engage in an intentional shooting and a bystander is murdered, your intent is transferred to the victim. I could see where Johnson could be charged. I have no idea which version is true, and/or if the video will clear the confusion. I totally expect that there is a fourth and fifth version of the events.
For what? Although I think Miller has been greatly harmed, Miller is a public figure and as such, one would have to prove an intentional or willful disregard of the facts in the reporting of the events, with the intent to harm Miller. As an attorney, I would definitely advise Miller to count his lucky stars that none of the 12 shots hit him and that he has not been charged. There is no Limitations on an Action for murder in Alabama and the Statute of Limitations in a wrongful death action is two years and the period could be extended until the majority of the child for the loss of his mother. I would say leave it alone and hope it is forgotten.
Defamation of Character, with malice. See my response above. I think Miller could find an attorney that would bring the action; however, if he came to me I would tell him to leave it alone and count your lucky stars that you were not killed by a stray shot and/or charged with a crime. As an attorney, I would never have made a public comment if I represented Miller and I would get my client as far away from the crime as possible. Los Angeles, Golden State and Portland would not be far enough away. The bad news for Brandon is that for the next two years, every time Brandon appears 16 years, every time Brandon appears on TV the child is going to be reminded that he lost his mother and the Statute of Limitations on a Wrongful Death Action could well be determined to be two years from the child reaching the age of majority. Brandon's attorney appears to be saying that Brandon did not know about the altercation in the Bar when he came to pick up Miles. Brandon did not know about Johnson went the second altercation started on Grace Street. Everything happened so fast that there was nothing Brandon could do to stop the incident. The video will either confirm that everything happened so fast that there was noting Brandon could do or it will not.