Chance of Death Penalty Could Delay Michael Davis’ May Murder Trial

The capital murder trial of Michael "Buzz" Davis, the codefendant of Darius Miles in a fatal 2023 shooting on the Tuscaloosa Strip, may be delayed after prosecutors revealed on Friday that they may seek to see him executed.

Chief ADA Paula Whitley told the Thread this only applies to Davis - not to Darius Miles.

As the Thread has extensively reported in the past, Davis allegedly took a gun that belonged to Miles and immediately engaged in a gunfight on Grace Street, which killed 23-year-old Jamea Harris.

John Robbins, the defense attorney representing Davis, has maintained since his arrest that his client was "not the bad guy," and that Harris' boyfriend, Cedric Johnson, fired the first shot.

Even so, investigators charged Davis with capital murder for Harris' death, and Darius Miles was accused of the same for providing the gun which police believe fired the fatal shot.

Both men have been held in the Tuscaloosa County Jail since January 2023, and judges have denied them bond after multiple hearings.

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Circuit Judge Daniel Pruet hosted a status hearing on Friday morning and met with Davis and Robbins as well as a prosecutorial team led by Assistant District Attorney Paula Whitley.

As the Thread reported in February, Davis' capital murder trial is scheduled to begin on Monday, May 7th, and the hearing sought to prepare for trial by working out a seating chart and making sure there were no lingering issues to resolve.

That's when Robbins said he found out on Friday morning that the state could intend to seek the death penalty for Michael Davis if he is convicted of capital murder.

ADA Paula Whitley confirmed and told Pruet that prosecutors believe Alabama Code § 13A-5-49 will allow them to seek execution as a sentence for Davis if he is convicted of capital murder because he "knowingly created a great risk of death to many persons."

That qualifies as an "aggravator," Whitley said, and leaves the death penalty in play.

"The state has indicated to the defense this morning that we have not taken the death penalty off the table, as far as seeking that upon conviction," she said. "I understand the significance of that, but that's our position."

Robbins said that with this new information, he no longer feels ready for a trial that was set to begin in less than a month.

"If the court is going to allow them, at this juncture, to pursue the death penalty, then we cannot be ready for trial by May," Robbins said.

Robbins said he will file a motion by next week seeking to continue the case and allow him more time to prepare their defense.

Pruet said he expects another hearing late next week to determine if the trial will begin as scheduled or if the specter of the death penalty will slow proceedings down.

For updates on this case and other crime & courts news from west Alabama, stay connected to the Tuscaloosa Thread.