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re: Darius Miles

Posted on 10/30/23 at 9:40 pm to
Posted by imjustafatkid
Alabama
Member since Dec 2011
50774 posts
Posted on 10/30/23 at 9:40 pm to
LINK

quote:

Miles is accused of knowingly providing his legally owned handgun to Davis to be used in the commission of a violent crime.


All he has to say is he didn't know how it was going to be used. How could they possibly prove he intended for the gun to be used to kill someone?

quote:

In response, the Turner Law Group filed last week for a new bond hearing for Miles, along with setting a hearing date for the defense's motion to suppress statements Miles gave investigators before being read his Miranda rights on the morning of Jan. 15. This comes after the state said it would not seek the death penalty in the case.

Both hearings will now be held on Feb. 22, 2024.


February, huh? How many questions will that piece of garbage reporter ask our players about this?
Posted by Glorious
Mobile
Member since Aug 2014
24544 posts
Posted on 10/31/23 at 6:06 am to
quote:

How could they possibly prove he intended for the gun to be used to kill someone?


He let his angry belligerently drunk friend that just got into a verbal altercation have it. That is wildly irresponsible gun ownership
Posted by mre
Birmingham
Member since Feb 2009
3090 posts
Posted on 10/31/23 at 9:53 am to
quote:

All he has to say is he didn't know how it was going to be used. How could they possibly prove he intended for the gun to be used to kill someone?

They don't have to prove that he intended for the gun to kill someone.

Alisondb Link: 13A-2-2(2)
quote:

(2) KNOWINGLY. A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.

However, even if they did have to prove "intent" it's not a get-out-of-jail-free card for him to say he didn't know it was going to be used to kill someone. Intent can be shown by the circumstances surrounding the act.
quote:

The presence of one at the commission of a felony by another is evidence to be considered in determining whether or not he was guilty of aiding and abetting; and it has also been held that presence, companionship, and conduct before and after the offense are circumstances from which one's participation in the criminal intent may be inferred.

Gibson v. State, 49 Ala. App. 18, 20, 268 So. 2d 49, 51 (1972) (internal quotes and citation omitted).
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