“I just went over to help,” said Stephen Jonathan Miller, 28, of Ashville. “I didn’t want to have to shoot him.”
Miller is standing trial for the 2008 murder of Adalberto Aguilar, 43, in Pinedale Shores. He was arrested about one week after the alleged murder and has remained free on a $100,000 bond. If convicted, Miller could serve 20 years to life in prison.
Miller testified that on April 25, 2008, a Friday, he called into work sick. He testified he was working on his lawnmower at about 3:55 p.m. when he heard a crash approximately 150-200 yards away.
“I just heard it,” he said. “I didn’t see it. Then I heard the vehicle squealing to get back on the road. I saw it go by my house with flat tires and sparks flying.”
Miller testified he told his wife he was going to see if the guy needed help. He testified he had worked with 3-4 different volunteer fire departments, working wrecks and accidents.
“I wanted to help him,” Miller said. “I didn’t know anything about him.”
Miller testified he walked to the parking lot of Pinedale Baptist Church, and saw the car but no person. After walking around the church, Miller testified he saw Aguilar behind an air conditioning unit.
“He staggered toward me,” Miller said.
Miller testified Aguilar said he couldn’t find his shoe, and asked if Miller had tires.
“He slurred (his speech) but I could mostly understand him,” Miller said on the stand. “I told him he could possibly use a phone at a nearby house.”
Miller testified his pre-paid cell phone was in his pocket, however he didn’t want Aguilar to use the cell phone.
“He said he had no one to call,” Miller said.
Miller testified he told Aguilar he would go to his house and call someone.
“He said, ‘Don’t call the police,’” Miller said. “He was acting intoxicated, acting strange. I had not seen anyone that intoxicated (before).”
Miller testified he decided to call the police, and did so from his cell phone as he walked back toward his house, once he was out of Aguilar’s view. Miller got handcuffs he received when he was a police cadet at Irondale from 13-14 years ago and a weapon from his truck.
“I was going to go back over there so he didn’t leave,” Miller said.
Miller testified he was concerned because he didn’t want Aguilar to follow him to his house, and also concerned about danger to the community if Aguilar tried to drive.
“It was about two minutes from the time I left to when I got back,” Miller said. “He was face down in the console (of his car) fumbling for something. I was nervous because of what he said (don’t call the police) and the way he looked at me.”
Miller testified he told Aguilar the police were on the way.
“He said, ‘(expletive deleted.) Why you call the police? I’m going to kill you.’” Miller said. “He was fumbling in his pocket. I was terrified. I’ve never been so terrified in my life.”
Miller testified he drew his weapon, an automatic gun, and told Aguilar to put his hands on his car.
“He stayed that way for 30 seconds to one minute then turned around and threatened to kill me,” Miller said.
Miller testified he told Aguilar to put his hands on his car, and Aguilar again complied for about 30 seconds to one minute before turning around again and threatening him.
“He cussed me, said (expletive deleted). I’m gonna kill you. I got a knife and I’m gonna kill you right now,’” Miller testified. “I told him to get down on the ground and he said, ‘(expletive deleted) you. I’m gonna kill you and burn down your house. I was backing away and asked him to lay down on the ground. He lifted his shirt and pointed at tattoos and I couldn’t understand what he was saying. He was fumbling in his pocket then lunged at me. I took a step back and fired 4-5 times. I believed he was going to kill me.”
Miller testified he never heard of or met Aguilar before that day, and had no reason to harm him.
“I did not realize he didn’t have a weapon,” Miller said. “I felt like I had no other choice. I had to protect myself and my child and wife and house.”
Miller testified he placed his weapon on the church steps, and an officer arrived and placed Miller in handcuffs.
“I never shot him when he was leaning on the car,” Miller said.
Miller testified he did not shoot Aguilar while Aguilar’s back was to him or while Aguilar was on the ground.
“I told the officer I didn’t want to have to shoot him,” Miller testified.
St. Clair County Assistant District Attorney Lamar Williamson asked Miller why he shot an unarmed man in the back.
“I never shot him in the back,” Miller answered. “I have no explanation of how two shots entered his back and the back of his neck.”
Dr. Stephen Boudreau, who performed Aguilar’s autopsy for the state of Alabama, testified Aguilar sustained five gunshot wounds. Aguilar’s cause of death was multiple gunshot wounds.
“There were three entry wounds to the front of his chest that correspond with three exit wounds on his back,” Boudreau said. “One entry wound was on the back side of his neck behind his right ear, that exited the top left portion of his head.”
Boudreau testified a fifth entry wound was found on Aguilar’s back that exited out near his right armpit.
“Is that consistent with being shot from behind while leaning over a car?” Williamson asked Boudreau.
Boudreau testified the gunshot wound trajectories were consistent with being shot from above, not from the front straight on.
Miller’s attorney, Roger Appell, questioned Boudreau if the bullet trajectories were consistent with a person lunging at another person, and Boudreau agreed it was possible.
Boudreau also testified the original autopsy report was amended. The original report stated the gunshot wound to the head entered from the top and exited the back side of Aguilar’s neck.
“Someone from a police department, I’m not sure which one, called me later,” Boudreau said.
Boudreau testified the head entry and exit wounds were complicated by the baseball cap Aguilar was wearing when he was shot.
“My understanding is the projectile found at the scene was found in the hat,” Boudreau said.
Boudreau testified the amended report was correct in stating the bullet entered the back of Aguilar’s neck and exited the top of his head based on the wounds and the projectile found at the scene in Aguilar’s hat.
St. Clair County Sheriff’s Department Investigator Randy Wall testified a regular pocket knife, closed, was found in the console of Aguilar’s vehicle. No other weapons were found on the ground or on Aguilar, and there was no marijuana in Aguilar’s vehicle.
Wall testified he was present when Aguilar’s hat was removed (under supervision of investigators from the Alabama Department of Forensic Science) and a projectile rolled out.
“There was a protrusion where the projectile protruded, but not penetrated, the hat,” Wall said.
Mary Jane Calhoun, with the Pinedale Volunteer Fire Department, testified she was en route to respond to the motor vehicle accident when she heard the request to central dispatch for a police officer because a man had a gun on another man.
“I went to the house next door (to the church) because a gun was involved and the police were on the way,” Calhoun said. “I stopped and could see a couple gentlemen in the parking lot.”
Calhoun testified Miller was facing the road holding a gun on Aguilar, who had his hands on his car with his head down.
“I could see both men,” she said.
Calhoun testified she watched for less than five minutes through the front window of her vehicle, which was rolled down so she could hear if anything was going on.
“I could not hear them say anything, no yelling or screaming,” she said.
Calhoun testified she did not see any movement from Aguilar, however Miller was fidgety.
“He (Miller) took a step forward, with his right foot, and started firing,” she said. “He fired five times with a short pause between the second and third or third and fourth shots.”
Calhoun testified she never saw Aguilar move until after he was shot and on the ground.
Appell questioned Calhoun about a written statement she gave to authorities that stated some trees and bushes were between her and Aguilar.
Calhoun stated the trees and bushes only blocked a small portion of her view of Aguilar.
“I am sure in my mind he was standing with his hands on the car like he had been (when he was shot),” she said.
Calhoun testified she never saw Aguilar turn his head to look at Miller, or saw Miller’s lips move as if he was talking to Aguilar.
Aguilar’s employer, Lee Richards, testified briefly that he paid Aguilar in cash on the day of the murder, and had also given him a car tag from his shop and a radio (both found in Aguilar’s vehicle).
Six of Miller’s friends testified as character witnesses on Miller’s behalf. All six said Miller had a good reputation as a truthful individual, and was not known for being violent or turbulent.
Closing arguments are expected to begin at 9 a.m. today.
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