JJxvi said:
This is the best neutral article i have read that reports on details from the hearing. Unfortunately, no it does not have the actual quotes. But here is the link and how it characterizes the testimony. I suspect the testimony did not go into any great detail about this because neither of the cars were driven by the two who have been actually charged with the murder. Its a news article and not a sports article.
https://www.al.com/news/2023/02/darius-miles-texted-brandon-miller-to-bring-gun-used-to-kill-jamea-jonae-harris-police-testify.html
Quote:
Two vehicles - a Dodge Charger and a Dodge Challenger that belonged to Miles' teammates, Miller and Bradley - were blocking the road where the Jeep was parked.
https://judicial.alabama.gov/docs/library/docs/13A-2-23.pdfA person is accountable for the behavior of another constituting an offense if, with the intent to promote OR assist the commission of the offense: "Aid and abet" comprehends all assistance rendered by acts or words of encouragement, support or presence, actual or constructive, to render assistance should it become necessary. Radke v. State, 292 Ala. 290, 293 So.2d 314 (1974). Miller's lawyer is using the
intent defense, but as I read AL legal code that only clears Miller of murder charges, assuming that lack of intent is actually true. Blocking the victim's car and bringing a gun to the scene are both WILLFUL acts. If the victim and boyfriend are DANGEROUS, why in the world would you block their vehicle? We know that Miller received and replied to texts, which resulted in the 2 willful acts above. Notice in Alabama state law Accessory (to murder) requires intent to promote OR assist the commission of the offense. There was certainly intent to (a) bring the gun and (b) block the car meaning Miller would have knowledge that HE brought the ingredients, that would by COMMON SENSE, knowingly result in violence. Even if Miller didn't INTEND for there to be a death...it is reasonable to believe that Miller would understand that injuries or death could occur because of his acts (cause and effect). If Miller does not bring the gun and block the car, the murder never happens.
Moreover, even if Miller didn't have intent for there to be a death, he intended to force a violent situation by his acts. Note that
aiding and abetting means that all acts that support (actual or constructive) and assistance. Because of the OR statement (not AND) in the opening sentence of Ala. Code 1975, 13A-2-23 there does not have to be intent (and there was anyway) to aid and abet.
I see the Legal Floor for someone who is not the star player on an Alabama Top 3 football or basketball team as Accessory to Murder and the ceiling as a murder charge, just as the NON-STAR player Darius Miles received (murder charge), who was not the shooter. INTENT opens up the criminal charge to MURDER; however, as I read and interpret 13A-2-23 it does not exonerate the PERP from Accessory to murder or violence.
