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On Brandon Miller

Jan 5, 2018
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Pasting this from a reply, because I guarantee the same discussion will come up each time Bama wins a game.

Attorney here. Licensed in multiple states, including Alabama. This may not be a popular take, and I probably will be excoriated for it. What do you want to happen? Do you to kill the kid? There has been a lot of misinformation about the incident. Brandon Miller was not going to a “club,” which some extrapolated to mean a strip club. It is the name of a restaurant in Tuscaloosa. The line was long, he dropped the shooter off and said he would collect him later. There is no evidence at all that he even read the text message, and his fingerprints were not on the gun. As soon as shots were fired, Miller himself took the vehicle to Tuscaloosa PD. If you think police are willing to risk pension and benefits to give preferential treatment to an athlete, you do not understand how society works. As it relates to prosecutors, they risk disbarment if they do not vigorously go after each case. There is nothing here. It was a tragedy. From a legal, there is no argument to be made. I guess you can say the school should have done something, but for what? As much as the “wrong place, wrong time” comments seemed out of line, in a sense Oats is write. Read all the pleadings. This sanctimonious take, compounded by our Bama hatred (I die Kentucky blue) is just a weird, obsessive position. It is done. Complaining on this board will not bring the victim back. She should be alive, but that does not Brandon Miller should be in jail or not playing. As a UK fan, I can say that it takes a lot of mental toughness to play through this. As human beings who want vengeance, we can’t accept the fact that he got through this, and even more so that he is thriving. What does Brandon Miller have to do with those shirts? What does Brandon Miller have to do with Oats’ comments? I think the Vanderbilt fans screaming “murderer,” when they could less of a damn about the young woman who was killed, is the real grotesque situation. We need to check ourselves. As someone who loves Clay Travis, I lost so much respect for his need to issue a “hot take” without even researching the minutiae of the case, especially as a licensed attorney. Posting on this board will not bring her back, as much as I wish it could. It will not stop Alabama. It will not Brandon Miller from earning millions. He has zero criminal background. I truly think he is not a bad human being.
 
Let's discuss this, Miller got a text from Miles asking Miller to bring a gun to him. Miller didn't even stop to ask his friend as to why you need a gun knowing it's a gun free zone on the campus, even the parking lot. It's a felony to have a gun on campus. So, if you want to get technical about it, Miller should have been charged for bringing an unconsealed weapon to Miles and his friend.

Miller needs to be charged with an accessory to commit murder. Miller brought them the gun and in Alabama, even if you didn't commit the crime, you're charged as well.

The university of Alabama should be absolutely ashamed of allowing Miller to play. Alabama only cares about the money instead of doing what's right.

As for Miller, he didn't hesitate one second to bring a gun. Regardless of what the OP or anyone else might say, in the real world if that had been me or anyone else bringing a gun that killed someone, I'm going to get arrested as well.
 
Pasting this from a reply, because I guarantee the same discussion will come up each time Bama wins a game.

Attorney here. Licensed in multiple states, including Alabama. This may not be a popular take, and I probably will be excoriated for it. What do you want to happen? Do you to kill the kid? There has been a lot of misinformation about the incident. Brandon Miller was not going to a “club,” which some extrapolated to mean a strip club. It is the name of a restaurant in Tuscaloosa. The line was long, he dropped the shooter off and said he would collect him later. There is no evidence at all that he even read the text message, and his fingerprints were not on the gun. As soon as shots were fired, Miller himself took the vehicle to Tuscaloosa PD. If you think police are willing to risk pension and benefits to give preferential treatment to an athlete, you do not understand how society works. As it relates to prosecutors, they risk disbarment if they do not vigorously go after each case. There is nothing here. It was a tragedy. From a legal, there is no argument to be made. I guess you can say the school should have done something, but for what? As much as the “wrong place, wrong time” comments seemed out of line, in a sense Oats is write. Read all the pleadings. This sanctimonious take, compounded by our Bama hatred (I die Kentucky blue) is just a weird, obsessive position. It is done. Complaining on this board will not bring the victim back. She should be alive, but that does not Brandon Miller should be in jail or not playing. As a UK fan, I can say that it takes a lot of mental toughness to play through this. As human beings who want vengeance, we can’t accept the fact that he got through this, and even more so that he is thriving. What does Brandon Miller have to do with those shirts? What does Brandon Miller have to do with Oats’ comments? I think the Vanderbilt fans screaming “murderer,” when they could less of a damn about the young woman who was killed, is the real grotesque situation. We need to check ourselves. As someone who loves Clay Travis, I lost so much respect for his need to issue a “hot take” without even researching the minutiae of the case, especially as a licensed attorney. Posting on this board will not bring her back, as much as I wish it could. It will not stop Alabama. It will not Brandon Miller from earning millions. He has zero criminal background. I truly think he is not a bad human being.
Weird that you're going to this effort to defend him.

People don't want him to die. He should be held accountable and shouldn't be playing basketball right now. You're literally crazy for thinking otherwise. Screw your supposed expertise on the matter.
 
Let's discuss this, Miller got a text from Miles asking Miller to bring a gun to him. Miller didn't even stop to ask his friend as to why you need a gun knowing it's a gun free zone on the campus, even the parking lot. It's a felony to have a gun on campus. So, if you want to get technical about it, Miller should have been charged for bringing an unconsealed weapon to Miles and his friend.

Miller needs to be charged with an accessory to commit murder. Miller brought them the gun and in Alabama, even if you didn't commit the crime, you're charged as well.

The university of Alabama should be absolutely ashamed of allowing Miller to play. Alabama only cares about the money instead of doing what's right.

As for Miller, he didn't hesitate one second to bring a gun. Regardless of what the OP or anyone else might say, in the real world if that had been me or anyone else bringing a gun that killed someone, I'm going to get arrested as well.
You're putting way to much weight on the text.
Byrne was on TV today saying the school found that he was not in violation of any rules.
How do you place the gun on campus beyond a reasonable doubt?
The gun was hidden in a pile of Miles clothing.
Have no idea why Miles had a pile of clothes there.
Miles retrieved the gun himself, he was not handed the gun.
The bottom line is other than Miller, no one cares about the others involved.
Brandon Miller is the only person who could make this a Netflix documentary.
 
Pasting this from a reply, because I guarantee the same discussion will come up each time Bama wins a game.

Attorney here. Licensed in multiple states, including Alabama. This may not be a popular take, and I probably will be excoriated for it. What do you want to happen? Do you to kill the kid? There has been a lot of misinformation about the incident. Brandon Miller was not going to a “club,” which some extrapolated to mean a strip club. It is the name of a restaurant in Tuscaloosa. The line was long, he dropped the shooter off and said he would collect him later. There is no evidence at all that he even read the text message, and his fingerprints were not on the gun. As soon as shots were fired, Miller himself took the vehicle to Tuscaloosa PD. If you think police are willing to risk pension and benefits to give preferential treatment to an athlete, you do not understand how society works. As it relates to prosecutors, they risk disbarment if they do not vigorously go after each case. There is nothing here. It was a tragedy. From a legal, there is no argument to be made. I guess you can say the school should have done something, but for what? As much as the “wrong place, wrong time” comments seemed out of line, in a sense Oats is write. Read all the pleadings. This sanctimonious take, compounded by our Bama hatred (I die Kentucky blue) is just a weird, obsessive position. It is done. Complaining on this board will not bring the victim back. She should be alive, but that does not Brandon Miller should be in jail or not playing. As a UK fan, I can say that it takes a lot of mental toughness to play through this. As human beings who want vengeance, we can’t accept the fact that he got through this, and even more so that he is thriving. What does Brandon Miller have to do with those shirts? What does Brandon Miller have to do with Oats’ comments? I think the Vanderbilt fans screaming “murderer,” when they could less of a damn about the young woman who was killed, is the real grotesque situation. We need to check ourselves. As someone who loves Clay Travis, I lost so much respect for his need to issue a “hot take” without even researching the minutiae of the case, especially as a licensed attorney. Posting on this board will not bring her back, as much as I wish it could. It will not stop Alabama. It will not Brandon Miller from earning millions. He has zero criminal background. I truly think he is not a bad human being.

There is too much BS in this to take it seriously. The comment about risking pension and benefits is completly laughable. According to this "lawyer" I guess the police brutality case in Memphis never happened either. And, remember when Jesse Smollett wasn't originally charged with a crime because of a prosecutor's clear and unmistakable bias.

The truth is that Miller's case would be difficult to prosecute for a number of reasons. I think any competent attorney understands that and doesn't have to go off on a BS filled diatribe like this one.
 
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We see everyday on the news how corrupt the judicial system in this country is, from cops shooting defenseless people, to the preferred classes walking away scottfree from crimes they have committed. And lawyers are a huge part of the problem, willing to say anything for the right price, but it all starts with the police. Personally, I'm ready to go back to gunslinger for justice, and hanging every lawyer, and crooked cop from a telephone pole except we'd run out of poles.
 
Pasting this from a reply, because I guarantee the same discussion will come up each time Bama wins a game.

Attorney here. Licensed in multiple states, including Alabama. This may not be a popular take, and I probably will be excoriated for it. What do you want to happen? Do you to kill the kid? There has been a lot of misinformation about the incident. Brandon Miller was not going to a “club,” which some extrapolated to mean a strip club. It is the name of a restaurant in Tuscaloosa. The line was long, he dropped the shooter off and said he would collect him later. There is no evidence at all that he even read the text message, and his fingerprints were not on the gun. As soon as shots were fired, Miller himself took the vehicle to Tuscaloosa PD. If you think police are willing to risk pension and benefits to give preferential treatment to an athlete, you do not understand how society works. As it relates to prosecutors, they risk disbarment if they do not vigorously go after each case. There is nothing here. It was a tragedy. From a legal, there is no argument to be made. I guess you can say the school should have done something, but for what? As much as the “wrong place, wrong time” comments seemed out of line, in a sense Oats is write. Read all the pleadings. This sanctimonious take, compounded by our Bama hatred (I die Kentucky blue) is just a weird, obsessive position. It is done. Complaining on this board will not bring the victim back. She should be alive, but that does not Brandon Miller should be in jail or not playing. As a UK fan, I can say that it takes a lot of mental toughness to play through this. As human beings who want vengeance, we can’t accept the fact that he got through this, and even more so that he is thriving. What does Brandon Miller have to do with those shirts? What does Brandon Miller have to do with Oats’ comments? I think the Vanderbilt fans screaming “murderer,” when they could less of a damn about the young woman who was killed, is the real grotesque situation. We need to check ourselves. As someone who loves Clay Travis, I lost so much respect for his need to issue a “hot take” without even researching the minutiae of the case, especially as a licensed attorney. Posting on this board will not bring her back, as much as I wish it could. It will not stop Alabama. It will not Brandon Miller from earning millions. He has zero criminal background. I truly think he is not a bad human being.
You need to find an educated adult an have them help you fix this writing attempt, as a start.
 
I will chime in as well. My opinion really pertains more to Kentucky law since that’s what I know very well. Again just my opinions.

He provided a firearm which was then used in the commission of a crime. Knowingly providing it for the crime or not is a defense for trial, it does not exclude the subject from prosecution. Therefore he should be charged with complicity or facilitation to murder (Kentucky laws). The complicity/facilitation lowers it one level on the felony scale so instead of an A felony, he could be convicted of a B felony.

The gun being in a pile of clothes is a defense also, not an excuse from prosecution. The text is pretty damning from what I understand. The text alone is probably enough Probable Cause, but I’m sure there is GPS/cell phone location data that would corroborate the firearm being transported to him.

This “attorney” saying athletes are not given special treatment is laughable. I know first hand athletes in two Kentucky cities have been charged and those charges amended or dismissed outright even before the first court appearance. I also know athletes that would have been charged with felonies but the officers were told to stand down by the powers that be.

Anyone who says otherwise is not in anyway involved in law enforcement or criminal prosecution in a high level athletics college town.
 
There is too much BS in this to take it seriously. The comment about risking pension and benefits is completly laughable. According to this "lawyer" I guess the police brutality case in Memphis never happened either. And, Jessie Smolett was given fair treatment, etc.

The truth is that Miller's case would be difficult to prosecute for a number of reasons. I think any competent attorney understands that and doesn't have to go off on a BS filled diatribe like this one.
Please don't tell me you have sympathy for Jesse Smolett!! He's scum and a true racist.
 
A guy asks a another guy to bring him his gun and when he does he kills someone. Keep it simple instead of finding ways to forgive the helper to the murderer.
You're first sentence is what's in dispute.
All you have is a sent text from Miles.
Miller says he didn't see it.
He definitely did not respond back.
Miller brought Miles and Davis to a club but did not go in with them.
He claims he was picking them up not bringing a gun to the scene.
He never touched the gun. Miles admitted the gun was in amongst a pile of clothes he had in the car.
He retrieved the gun from the pile of clothes.
If he knew that a shooting was going to take place, why did he leave himself in such a vulnerable position that he took two bullets to his windshield and was lucky he wasn't hit.
 
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I will chime in as well. My opinion really pertains more to Kentucky law since that’s what I know very well. Again just my opinions.

He provided a firearm which was then used in the commission of a crime. Knowingly providing it for the crime or not is a defense for trial, it does not exclude the subject from prosecution. Therefore he should be charged with complicity or facilitation to murder (Kentucky laws). The complicity/facilitation lowers it one level on the felony scale so instead of an A felony, he could be convicted of a B felony.

The gun being in a pile of clothes is a defense also, not an excuse from prosecution. The text is pretty damning from what I understand. The text alone is probably enough Probable Cause, but I’m sure there is GPS/cell phone location data that would corroborate the firearm being transported to him.

This “attorney” saying athletes are not given special treatment is laughable. I know first hand athletes in two Kentucky cities have been charged and those charges amended or dismissed outright even before the first court appearance. I also know athletes that would have been charged with felonies but the officers were told to stand down by the powers that be.

Anyone who says otherwise is not in anyway involved in law enforcement or criminal prosecution in a high level athletics college town.
Go research the case more then come back and tell me you could honestly convict Miller at trial.
 
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You're first sentence is what's in dispute.
All you have is a sent text from Miles.
Miller says he didn't see it.
He definitely did not respond back.
Miller brought Miles and Davis to a club but did not go in with them.
He claims he was picking them up not bringing a gun to the scene.
He never touched the gun. Miles admitted the gun was in amongst a pile of clothes he had in the car.
He retrieved the gun from the pile of clothes.
If he knew that a shooting was going to take place, why did he leave himself in such a vulnerable position that he took two bullets to his windshield and was lucky he wasn't hit.
Are you not responsible for something that is readily available in the vehicle you are operating?
 
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Being stupid enough to bring a gun to a buddy at a bar/restaurant at 2am and not thinking there might be repercussions for that move is probably reason enough that he should get out of society and spend some time behind bars for a bit.
 
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You're first sentence is what's in dispute.
All you have is a sent text from Miles.
Miller says he didn't see it.
He definitely did not respond back.
Miller brought Miles and Davis to a club bit did not go in with them.
He claims he was picking them up not bringing a gun to the scene.
He never touched the gun. Miles admitted the gun was in amongst a pile of clothes he had it the car.
He retrieved the gun from the pile of clothes.
If he knew that a shooting was going to take place, why did he leave himself in such a vulnerable position that he took two bullets to his windshield and was lucky he wasn't hit.
Something this serious, the player should be going to a trial to tell his side while under oath. I know that the lack of evidence is the reason, but once someone is put on a stand and has more pressure of telling the truth then sometimes it changes things. The guy could use whatever words he wanted to use outside of that venue. It certainly was a quick resolution to excuse the guy, taking his words as the truth without someone grilling him and the others. With multiple guys involved it would seem they just took one guys confession and concluded that was enough for them at the moment and let everyone else involved go. Even the girls family was surprised that the gun provider was taken care of.
 
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Are you not responsible for something that is readily available in the vehicle you are operating?
Technically yes but it doesn't mean you will be prosecuted for it.
All I can say is the investigating officers must believe that Miles brought the gun with him without Miller's knowledge and he didn't know anything about the conflict when he arrived at the scene.
I'm sure Miller claims that the reason he went back to the scene was to retrieve the guys he brought there earlier in the night but chose not to stay with them at the club.
He will claim he had no knowledge of a conflict and his purpose on being there was to make good on his word that he would be back to get them not to join them in a beef with someone he never laid eyes on.
 
Watching from a distance, if any athlete was in possession of a weapon, without a license and was transporting it that caused a murder.....that's an accessory for this whole incident to take place. Was the gun a legitimately owned gun?
What steps am I missing? He brought him a pile of clothes but didn't know the gun was hidden? If you don't prosecute this against all involved parties, you just continue to deny we don't have a problem in our country.
It sure sounds like Miller knew there was a gun to be transported and he was the delivering the pizza.
 
Shocking that someone about to catch a murder conviction might try to protect his buddy who is about to be a zillionaire.

Miller may be 1000% innocent, but it’s easy to see the signs of spin at play here. If this were Brandon Miller, random Tuscaloosa resident, he would be in jail right now or out on bail.
 
Watching from a distance, if any athlete was in possession of a weapon, without a license and was transporting it that caused a murder.....that's an accessory for this whole incident to take place. Was the gun a legitimately owned gun?
What steps am I missing? He brought him a pile of clothes but didn't know the gun was hidden? If you don't prosecute this against all involved parties, you just continue to deny we don't have a problem in our country.
It sure sounds like Miller knew there was a gun to be transported and he was the delivering the pizza.
We won't know for sure until the transcripts from the trial are released but I think one thing that is in Miller's favor is the time Miles text to Miller occurred and the time Miller arrived back at the scene. I think they were just minutes apart.
So if he was driving in traffic back to pick them up it's plausible that he didn't see the text.
Reports are that upon Miller's arrival back at the scene, Miles opened the door of the car and retrieved the gun from amongst his clothing.
Miles actually placed his weapon in the hands of Davis.
 
Go research the case more then come back and tell me you could honestly convict Miller at trial.
Never did I say he would be convicted. I spoke to probable cause and the application of the statutes as they are written in relation to this case. Please don’t confuse a subject being arrested for probable cause and being guilty beyond reasonable doubt.
 
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Watching from a distance, if any athlete was in possession of a weapon, without a license and was transporting it that caused a murder.....that's an accessory for this whole incident to take place. Was the gun a legitimately owned gun?
What steps am I missing? He brought him a pile of clothes but didn't know the gun was hidden? If you don't prosecute this against all involved parties, you just continue to deny we don't have a problem in our country.
It sure sounds like Miller knew there was a gun to be transported and he was the delivering the pizza.
No Miller didn't bring the clothes. Miles brought the clothes that were in the car, so he brought the gun with him in the clothes.
 
There is too much BS in this to take it seriously. The comment about risking pension and benefits is completly laughable. According to this "lawyer" I guess the police brutality case in Memphis never happened either. And, Jessie Smolett was given fair treatment, etc.

The truth is that Miller's case would be difficult to prosecute for a number of reasons. I think any competent attorney understands that and doesn't have to go off on a BS filled diatribe like this one.
Either the world's least eloquent and least convincing lawyer or not a lawyer. The way the entire post is constructed is like a Bama fan is trying to get validation from his big brother.
 
If you don't think that Tuscaloosa police and officials will bend the rules to help their sports teams succeed, you haven't been paying attention to Alabama for the past 60 years.

That is true in a LOT of places. I once read an article that talked about how in Oklahoma if a player was arrested in almost any place, the local cops would call Barry Switzer and he would deal with it. No charges would be filed.
Same thing at Penn St. If you want to have some fun reading, read up on Vicky Triponey! (She was a PSU administrator but it is similar to what we are talking about.)

 
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I am going to take two of my friends to make a withdrawal at a bank and I am going to wait for them out front until they return. If they decide to rob the bank and I drive them away I know I will not be charged because I had no knowledge they were going to rob the bank.
You're first sentence is what's in dispute.
All you have is a sent text from Miles.
Miller says he didn't see it.
He definitely did not respond back.
Miller brought Miles and Davis to a club but did not go in with them.
He claims he was picking them up not bringing a gun to the scene.
He never touched the gun. Miles admitted the gun was in amongst a pile of clothes he had in the car.
He retrieved the gun from the pile of clothes.
If he knew that a shooting was going to take place, why did he leave himself in such a vulnerable position that he took two bullets to his windshield and was lucky he wasn't hit.
He blocked in the car of the murdered person, the shooting happened right outside his car, yet he did leave when the chaos broke out. All of the BS you are hearing from his lawyer are lies to protect him.
 
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Never did I say he would be convicted. I spoke to probable cause and the application of the statutes as they are written in relation to this case. Please don’t confuse a subject being arrested for probable cause and being guilty beyond reasonable doubt.
Miller by all account cooperated fully with the investigating officers. He MAY have driven to the police station right after the incident according to the OP. I can't confirm that so I said may.
People act like a person with Miller's level of involvement is always charged and that just isn't true.
The DA said they didn't have anything to charge him with. I'm sure if they needed to leverage him for not cooperating they would have come up with something.
I think the DA is satisfied with Davis and Miles and have no interest in trying to build a shaky case against Miller that would probably plead down to little of nothing or outright dismissed.
 
I am going to take two of my friends to make a withdrawal at a bank and I am going to wait for them out front until they return. If they decide to rob the bank and I drive them away I know I will not be charged because I had no knowledge they were going to rob the bank.
He blocked in the car of the murdered person, the shooting happened right outside his car, yet he did leave when the chaos broke out. All of the BS you are hearing from his lawyer are lies to protect him.
The fact you bring up blocking the car shows you haven't researched the case.
That's 100% false and video evidence proves it. That has nothing to do with his lawyer.
 
Miller by all account cooperated fully with the investigating officers. He MAY have driven to the police station right after the incident according to the OP. I can't confirm that so I said may.
People act like a person with Miller's level of involvement is always charged and that just isn't true.
The DA said they didn't have anything to charge him with. I'm sure if they needed to leverage him for not cooperating they would have come up with something.
I think the DA is satisfied with Davis and Miles and have no interest in trying to build a shaky case against Miller that would probably plead down to little of nothing or outright dismissed.
Again you are further illustrating the issue at hand. He is a high level D1 athlete who is about to become a highly paid professional athlete. It’s amazing the local DA in the same town where he is a college athlete is satisfied with his level of cooperation AFTER he is involved in a homicide case. It is very very common for people to have a lower level of involvement in a crime and then cooperate with law enforcement when caught. This doesn’t make him a saint and absolve him of any wrong doing.

Listen, I am not saying the kid is guilty. I am saying he should have been charged for his involvement. Or at the very least, have it presented to a grand jury and allow them to decide whether or not to direct indict. As I said, probable cause was met. I am not sure what your motive is for defending this individual to this level, and I don’t want to make assumptions to your political or social beliefs. But I do feel you are misinformed on how these situations are handled by law enforcement and prosecutors.
 
I am going to take two of my friends to make a withdrawal at a bank and I am going to wait for them out front until they return. If they decide to rob the bank and I drive them away I know I will not be charged because I had no knowledge they were going to rob the bank.
He blocked in the car of the murdered person, the shooting happened right outside his car, yet he did leave when the chaos broke out. All of the BS you are hearing from his lawyer are lies to protect him.
I haven't heard anything about Miller driving them away after the shooting.
 
Again you are further illustrating the issue at hand. He is a high level D1 athlete who is about to become a highly paid professional athlete. It’s amazing the local DA in the same town where he is a college athlete is satisfied with his level of cooperation AFTER he is involved in a homicide case. It is very very common for people to have a lower level of involvement in a crime and then cooperate with law enforcement when caught. This doesn’t make him a saint and absolve him of any wrong doing.

Listen, I am not saying the kid is guilty. I am saying he should have been charged for his involvement. Or at the very least, have it presented to a grand jury and allow them to decide whether or not to direct indict. As I said, probable cause was met. I am not sure what your motive is for defending this individual to this level, and I don’t want to make assumptions to your political or social beliefs. But I do feel you are misinformed on how these situations are handled by law enforcement and prosecutors.
Nope happens everyday. You just assume that the police and DA's office didn't do their job.
How could you possibly know the individuals on that side and say they didn't do their job.
Miller is the only reason this case is relevant.
No telling how many have died in Chicago this year under similar circumstances and no one knows their names or cares about the story.
 
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