AgsGiveUsRoom said:
He was asked to deliver a gun to the scene and said gun was used in a capital murder. How is this a non-issue for the police, Miller, Oats and Bama?
The facts and the law make it a really difficult case to charge Miller with anything. That certainly doesn't mean what he did was acceptable, and Oats' statements are frankly embarrassing and just about the worst things he could have said. Hopefully the university steps in because there is a difference between proving a legal case and generally acceptable conduct.
FWIW he wouldn't be charged as an "accessory" unless he had knowledge of the murder prior to the fact. He would likely fall under the accomplice laws in Alabama. I don't practice criminal law and certainly not in Alabama, but here is the relevant statute
Quote:
13A-2-23. Criminal liability based upon behavior of another -- Complicity.
A person is legally accountable for the behavior of another constituting a criminal offense if, with the intent to promote or assist the commission of the offense:
- (1) He procures, induces or causes such other person to commit the offense; or
- (2) He aids or abets such other person in committing the offense; or
- (3) Having a legal duty to prevent the commission of the offense, he fails to make an effort he is legally required to make.
The hard part to prove is "
intent to promote or assist the commission of the offense".
Miles asks Miller for the gun. Miller provides the gun. Miles gives the gun to Davis. Davis pulls the trigger.
As has been mentioned, the third person's involvement adds an additional level of difficulty to proving this, in no small part because that third person was the one who actually committed the offense and Miller did not directly provide the gun to him.