College Basketball Star Darius Miles charged with Murder – How are Alabama’s criminal procedures and gun laws similar Pennsylvania and New Jersey?  Are they different? 

What are the allegations against Darius Miles? 

Recently, former University of Alabama basketball star, Darius Miles, and another man, Michael Davis, were charged with capital murder following a January 15, 2023, shooting that led to the death of Jamea Jonae Harris.  Davis is accused of shooting Harris while Miles has admitted to owning the weapon used in the alleged shooting.  Miles has no prior criminal history.  While Miles did not allegedly fire the fatal shot, he allegedly admitted that he gave the gun to the shooter after another player, Brandon Miller, brought him the handgun at his request.   

How are criminal procedures in Alabama similar to Pennsylvania and New Jersey? 

Alabama, like Pennsylvania, maintains a preliminary hearing system where the prosecution must establish a prima facie (more probable than not standard)  in order for the matter to proceed forward.  Unlike Pennsylvania, however, Alabama also maintains a grand jury system, similar to New Jersey.  If a matter survives a preliminary hearing it moves forward to a grand jury for a likely indictment.  A preliminary hearing and a grand jury are not findings of guilt, but only that probable cause exists for a Judge or jury could find a person guilty of a crime. 

At Miles’ preliminary hearing a police officer testified that another University basketball player, Brandon Miller, brought gun at Miles’s request, who then gave it to Davis.  Miles and is codefendant were held for court on these criminal trial and the judge denied his lawyer’s request for bail.  Miles must therefore remain in jail until the conclusion of this case.  Miles’ former basketball teammate, Brandon Miller, however, was not charged with any crime and remains free of any criminal allegations.  In addition, Miller maintains his status on the University’s basketball team. 

How are the gun laws different in Alabama than Pennsylvania or New Jersey – Permit to Carry

This case brings an opportunity to show the difference between laws in Pennsylvania and New Jersey compared to a state like Alabama.  In Alabama, unlike Pennsylvania and New Jersey, there is no requirement that a person obtain a permit to carry a weapon outside of their home or place of business.  This was not always the law in Alabama and recently the Alabama Governor signed legislation which did away with the permit requirement. 

Pennsylvania, unlike Alabama, requires a permit to carry a firearm outside of the home or place of business. While New Jersey also has a permit requirement, it is virtually impossible to obtain a permit to carry in the Garden State.   New Jersey, unlike Pennsylvania has very strict requirements to obtain a conceal carry permit which also require Court approval. 

The end to the concealed carry permit took affect at the beginning of this year (2023) and so it was in effect at the time of the alleged shooting.  It appears that Miles legally owned the gun at the time of the shooting as he was not charged with unlawful possession.  It is unclear if Miles is a resident of Alabama as it appears that he is from Washington, DC.  Twenty-one (21) states have approved concealed carry without a permit, but Pennsylvania and New Jersey are not one of them.

Pennsylvania, like Alabama, does not require any type of license to purchase or own a gun; unlike New Jersey, which requires a permit to purchase any firearm in the State.  While it is legal to conceal carry in Alabama without a permit, it is still illegal to carry a firearm into any public school or government buildings.  Further, Alabama does honor out-of-state concealed carry permits unlike New Jersey, which has no reciprocity with any state, including Pennsylvania.

This criminal case is just at the beginning stage and Darius Miles is presumed innocent until proven guilty beyond a reasonable doubt.

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