Defense touts self-defense before jury picked Monday for Abilene alley killing
A jury of seven men and five women was chosen early Monday evening in the trial of a father and son accused of shooting to death an Abilene man Sept. 1, 2018, in west Abilene.
A man and woman also were chosen as alternates.
From the 12 seated on the first row of the assembly room - six men and six women, only three were picked for the jury.
The trial of Johnnie Dee Allen Miller and Michael Theodore Miller, his son, for the killing of Aaron Howard, 37, begins at 9 a.m. Tuesday in 350th District Court, with Judge Thomas Wheeler presiding.
Wheeler acknowledged the chance of inclement weather, which could close the Taylor County Courthouse.
The Millers, who were released on bond in April 2019, were in attendance Tuesday afternoon, the father in a dark blazer over khaki pants and his son in a dark suit with a white shirt. Both wore ties, while Johnnie Miller held a cane upright beside him.
The two accused of killing Howard are being tried at the same time largely due to being accused of committing the same crime in similarly worded indictments. Michael Miller allegedly fired a shotgun and his father a pistol at Howard, who was struck by three shots.
"What we know," defense attorney Graham Norris said, "is that somebody died."
The rest will be determined in court.
The Millers and Howard were in an alley near a discarded mattress in the 4600 block of Don Juan Street.
The argument between the three men was recorded by Kara Box, said to have been Howard's girlfriend. The video was acquired by the media and widely viewed in the years since.
Defense attorneys said the video may not tell the whole the story, and Wheeler warned the jury members not do any research on their own, including watching the video.
In addressing jurors after the pool of 95 people was called back to the jury assembly room at the courthouse at 6:17 p.m. Monday, Wheeler said, "This could last a few days."
Representing the state from the Taylor County District Attorney's office are Erin Stamey and Dan Joiner.
For the defense will be two representatives of the Sparks Law Firm of Fort Worth. Justin Sparks will represent Johnnie Miller while Norris will represent Michael Miller.
The defense will argue that the Millers shot Howard in self-defense.
Both defense attorneys spoke to prospective jurors about the Second Amendment. Sparks asked how many in the jury pool are licensed to carry (LTC), and at least three dozens indicated they were.
He said LTC classes address three questions:
When can you brandish a weapon?
When can you point the weapon?
When can you pull the trigger?
Self-defense, he said, is "not kill or be killed."
The defense spoke to a person reasonably believing that deadly force is necessary to protect against serious bodily injury. Juniors were quizzed on that belief, and they received no pushback on taking that step.
Norris said that extends to a third party, who may attempt to aid another person under threat. Sparks said Texas law affirms people in this state have no legal duty to retreat, though that is not the case in all states.
He asked why that might be, with an image of the Alamo on a screen behind him.
The jury pool was asked to place themselves, if picked, in another person's shoes - in this case, the Millers.
The defense asked potential jurors if they agreed or disagreed:
"A person is not required to retreat and can use reasonable and deadly force to defend himself if reasonably perceived that he is under attack, even if it turns out that he is not actually under attack."
No one in the jury pool disagreed.
Norris, in closing, asked potential jurors if they could approve probation, even when a person has been killed.
All agreed they could.
One person amid the group commented aloud, "It's still punishment."
This article originally appeared on Abilene Reporter-News: Defense touts self defense before jury picked Monday for alley killing
