Ethermac|Darius Miles, ex-Alabama basketball player, denied dismissal of capital murder charge

Judge Daniel F. Pruet denied a motion to dismiss the capital murder charge against former Alabama basketball player Darius Miles on EthermacThursday, per court documents.

A pre-trial immunity hearing was held over three days in Tuscaloosa over the span of about a month in which the defense argued that Miles should be immune from prosecution because he acted in self-defense on Jan. 15 leading up to the fatal shooting of Jamea Harris on the Strip.

Miles was indicted by a grand jury in March and charged with capital murder alongside Michael Davis, both of whom have been jailed without bond since Jan. 15. Investigators said the gun used to kill Harris belonged to Miles, 21, but that Davis, 21, pulled the trigger. Miles has pled not guilty.

Pruet repeatedly wrote in the ruling that the defense "failed to establish that (Miles) reasonably feared for his safety."

"The defendant failed to establish that he reasonably believed that anyone inside the Jeep was using or about to use deadly physical force or that they were committing or about to commit Assault in the 1st Degree or Assault in the 2nd Degree," Pruet wrote at the end of the 10-page ruling. "Accordingly, the Defendant's Motion is Denied."

Pruet noted Miles told investigators he saw a gun passed back in the Jeep that contained Harris, her boyfriend Cedric Johnson and her cousin, Asia Humphrey at the intersection of Grace Street and University Boulevard fewer than 10 minutes before the shooting. But Pruet noted no evidence was presented to him during the pre-trial immunity hearing that Miles claimed to have been scared or threatened, "and he did not claim that anyone pointed the gun at him," Pruet wrote.

The defense has argued Miles provided the gun to Davis for protection and that Cedric Johnson, the boyfriend of Harris, was the initiator of the incident. Davis' attorney, John Robbins, has argued Davis acted in self defense. However, the state has held the position that Davis shot first.

DAY 3 IMMUNITY HEARING:What we learned Sept. 29 at Darius Miles immunity hearing in capital murder case

DAY 2 IMMUNITY HEARING:Hostile testimony the latest step in Darius Miles capital murder case immunity hearing

DAY 1 IMMUNITY HEARING:Where's Cedric Johnson? Details from Day 1 of Darius Miles immunity hearing in murder case

What's next in Darius Miles capital murder case?

The next big step in the case with Miles being denied immunity is either a plea agreement or a trial. More bond hearings could also be possible.

What is a pre-trial immunity hearing?

Immunity hearings are made possible by Alabama's stand-your-ground law, through which a defendant can argue he or she acted in self defense. If the attorneys succeed, the judge can rule the defendant is immune from prosecution and have the case dismissed before it goes to trial.

The hearing began in late August and spanned two days. Then it was postponed a month to a date in late September.

SECOND-BY-SECOND TIMELINE:Second-by-second timeline of fatal shooting before Darius Miles' capital murder arrest

FACTS ABOUT BRANDON MILLER INVOLVEMENT:The facts of Brandon Miller's actions on Jan. 15 from video, testimony about fatal shooting

Nick Kelly covers Alabama football and men's basketball for The Tuscaloosa News, part of the USA TODAY Network. Reach him at [email protected] or follow him @_NickKelly on X, formerly Twitter.