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Brandon Miller faces a wrongful death lawsuit from Jamea Harris’s family after the tragic incident in Tuscaloosa, Alabama.

Filed in U.S. District Court, the suit includes two other defendants, former Alabama basketball player Darius Miles and Michael Davis, who face capital murder charges.

Miller, though not criminally charged, was reportedly present at the scene and allegedly retrieved the murder weapon.

The Crimson Tide chose not to discipline Miller, a decision criticized during their successful season, and he went on to be the second pick in the NBA draft by Charlotte on June 22.

“Miles, Davis and Miller knew or should have known that bringing a dangerous weapon to a dispute and discharging said weapon would likely result in harm to those around them,” Heard’s lawyers write in the lawsuit.

The Hornets will open their season Wednesday against the visiting Hawks.