BIRMINGHAM, Ala. (WBRC) – Former Crimson Tide basketball player Darius Miles remains behind bars in Tuscaloosa for his role in the death of Birmingham mother Jamea Harris, but court records indicate Miles did not pull the trigger, only provided the weapon.

Criminal defense attorney Tommy Spina says that’s because of the concept in our laws known as “aiding and abetting.”

Spina said that, in essence, you are responsible for the actions of those individuals who are reasonably foreseeable in committing a crime.

So in this case, since investigators say Miles admitted to giving the gun to Michael Lynn Davis, and the belief is that Davis fired the gun and killed Harris, both men would be charged.

Spina also emphasized that the situation is capital in nature because the shooter fired into an occupied vehicle, which automatically upgrades the charges to capital.

“Keep in mind that all we are determining at this time is whether there is probable cause for him to be charged with that crime. Probable cause is a standard of proof and it happens to be the lowest of the low standards of proof,” Spina said.

Spina stressed that this will be a slow process. Right now, the two are behind bars in Tuscaloosa pending a preliminary hearing, which has yet to be set.

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