In the early morning hours of August 29, 2008, 19-year-old Darious Miller was fatally shot in the head during a brawl on an elevated sidewalk between Whispers Gentlemen’s Club and Visage Nightclub, strip clubs in Minneapolis, Minnesota.
Within hours of the murder, the police investigation focused on Michael Garrett, Donta Stevenson, Jimmy Harris, and 21-year-old Jerrell Brown. Harris had been injured by a bullet fragment or piece of glass, and police tried to interview him and Stevenson at Hennepin County Medical Center. Both refused to cooperate.
Not long before the shooting, at about 12:30 a.m., the four men, along with Thomas Stewart, had arrived at Augie’s Cabaret, another strip club located in the same neighborhood, to celebrate Garrett’s birthday. Brown was wearing black shoes and pants, a black unbuttoned dress shirt with a black t-shirt underneath, a large necklace, and dark sunglasses. His hair was tied up in a ponytail.
Sometime later, Stewart was escorted out of Augie’s by security personnel because of an altercation. John Konopliv, a bouncer at the Brass Rail Bar, which was located next to Augie’s, told police he saw Stewart being escorted to the parking lot. Konopliv, who was standing 50 to 100 feet away, identified Brown as helping Stewart, who appeared to be drunk, get into a dark-colored Ford Taurus or Mercury Sable that Brown then drove away. Konopliv believed that he saw Brown with a handgun, so he wrote down the vehicle’s license plate number.
On September 3, 2008, David Wise, the general manager of Whispers, gave police security video footage that showed the sidewalk in front of Whispers at the time of the shooting.
The assault against Miller was off camera, but the resulting commotion could be seen in the video. After several individuals left the sidewalk and walked down the three steps to the street, a man wearing a white tank top, a large necklace, and dark jeans and shoes was seen walking up the steps, carrying a handgun. The man crossed the platform toward Miller. He went off camera for approximately four seconds and then ran back down to the street.
Security video from Visage showed that shortly after 2 a.m., Miller, Chris Welch, and Demario Brown (no relation to Jerrell Brown) left Visage and walked toward Whispers. The Whispers video showed Garrett, Stevenson, and Harris walking from Whispers toward Visage.
Soon after, Garrett, Stevenson, and Harris could be seen in the video assaulting Miller near the entrance to Whispers. Demario Brown later testified that Garrett yelled “Crips Cuz” at him, so he and Welch walked down the steps and waited on the street. As the assault continued, Demario Brown said he heard someone yell “gun,” and immediately several gunshots were fired. Welch was struck in the leg. He and Demario Brown then ran down the street.
On September 3, police executed a search warrant at Garrett’s residence and seized his clothing from the night of the incident. Police also traced the license plate number that Konopliv had taken down and determined that the vehicle, a green Mercury Sable, was registered to Harris’s sister. Police also determined that two years earlier, Jerrell Brown had been cited for a traffic violation while driving the Sable. Police were unable to find the car, though.
On September 4, the police learned that Jerrell Brown had recklessly discharged a firearm in Richfield, Minnesota on June 23, 2008. While stopped at a traffic light in Richfield, Brown later said, several men had approached his car. They argued, and Brown fired his gun into the air and drove off. A nine-millimeter shell casing had been recovered at the scene.
Brown had been arrested on July 1, 2008. No gun was found. On August 28, 2008, Brown had pled guilty to discharging a firearm. He had been released from the Hennepin County Jail at 2:49 p.m. on August 28, about 12 hours before Miller's murder. Security camera footage from the jail showed Brown wearing a large necklace, white tank top, and dark pants as he left the jail.
At the time of the shooting, police had recovered two discharged shell casings from next to Miller’s body, including a nine-millimeter shell casing. Several other discharged casings and a live .22-caliber cartridge were found on Hennepin Avenue near Visage. The discharged casings, a bullet recovered from Welch, a bullet recovered from Miller, the live cartridge, several bullet jackets, and several bullet fragments were sent to the Minneapolis Crime Laboratory, where firearms examiner Kristin Reynolds examined the evidence.
Reynolds reported that her examination yielded mostly inconclusive results because the evidence was unsuitable for examination. She did determine that the bullets recovered from Welch and Miller were fired from two different firearms. She said that both of the bullets were consistent with the .38-caliber family, which includes nine-millimeter bullets. Three nickel nine-millimeter shell casings were recovered and determined to have been fired from the same firearm. She reported that a fourth nine-millimeter casing, which was brass and found next to Miller, had been fired from a different firearm. Reynolds could not, however, determine whether any of the discharged casings were from the bullet that killed Miller.
The police asked Robinson to examine the shell casing recovered in the Richfield incident and compare it to the evidence recovered after Miller was killed. She concluded that the brass shell casing found next to Miller’s body had been fired by the same gun used by Brown in the Richfield incident.
After also viewing security camera footage from Augie’s and Visage, the police concluded that Jerrell Brown was the man in the Whispers video seen walking towards Miller. On September 5, a murder arrest warrant was issued for Brown, and he was arrested on September 8, 2008.
Police searched the home, but didn’t recover a gun. The murder weapon was never located.
On September 10, 2008, Jerrell Brown was charged with aiding and abetting second-degree murder.
On January 29, 2009, a Hennepin County grand jury indicted Brown with aiding and abetting four counts of murder: first-degree premeditated murder, first-degree premeditated murder committed for the benefit of a gang, second-degree intentional murder, and second-degree intentional murder committed for the benefit of a gang.
On February 16, 2010, Brown went to trial in Hennepin County District Court. The prosecution contended that the fight and shooting were the result of a conflict between two street gangs.
Segments of the security video were shown to the jury.
In addition, Chantelle Gamble testified that she was driving near Whispers at the time of the shooting. She said that as Miller was being assaulted, she saw several individuals run down from the elevated sidewalk, but they quickly returned and began shooting from the street. One of the men had a silver handgun, she said. Gamble said she heard several gunshots before she drove away and called 911. Gamble was unable to identify anyone involved.
A medical examiner testified that Miller had died of a single gunshot wound to the head.
Wise, the general manager of Whispers, testified that he was standing on the sidewalk near the entrance to Whispers when Miller was attacked. During the assault, Wise heard Stevenson or Harris yell to the men on the street, “We are beating your boy up. You better go get a gun.”
Wise said a SUV pulled up in front of Whispers and the occupants began yelling at Garrett, Stevenson, and Harris. Wise said that he ducked inside Whispers, locked the door, and called 911 when he saw a passenger holding a handgun get out of the SUV. From inside the club, Wise said he heard several gunshots that appeared to be fired from the street. He said that as he peered through the front glass doors, he saw a man with a ponytail and wearing a white tank top walk toward the sidewalk.
Wise said he then heard one or two additional gunshots from the elevated sidewalk and then saw the man walk back down to the street. Wise testified that he did not see whether the man was actually carrying a handgun.
This was new testimony to the case. During multiple police interviews in August and September 2008, Wise had not told police about this individual. Wise had told the police back then that the music inside Whispers was playing extremely loudly, so he was unsure whether gunfire was exchanged. Wise was unable to recognize anyone that was involved in the assault of Miller.
Colt Ethridge, a security guard at Whispers, testified that he was working inside the club when he heard the commotion start outside. He said he then heard several gunshots, which appeared to have been fired from a distance and from either side of the club. Ethridge said he next heard one or two additional gunshots that appeared to have been fired close to the front door of Whispers. He said he peered through the glass and saw a dark-colored sedan similar to a Ford Taurus drive away. He said he didn’t see anyone carrying a gun.
David Workman, a homeless man who was sleeping in a dumpster near Whispers, testified that he was awakened by the initial gunshots. Workman said looked through a small hole in the dumpster and was able to see the sidewalk and the steps to the street, but could not see the street itself. He said that after the initial gunshots he saw someone wearing a white tank top and carrying a handgun walk up to the sidewalk. Workman said he heard a voice say, “I will kill you,” followed by gunshots. The man then ran back down to the street, Workman said.
Anthony Abari testified as part of a cooperation agreement with the Hennepin County Attorney's Office. The prosecution had agreed to detail Abari’s cooperation in the case in a letter to the United States Attorney’s Office, in order to assist Abari in getting a reduced federal sentence on an armed career offender offense. Abari had previously been convicted of robbery, theft, a fifth-degree controlled substance crime, and assault with a firearm.
Abari testified that he first contacted the Minneapolis police regarding Brown’s case in February 2009, and then again in January 2010, while he was in custody and awaiting sentencing. Abari said he had seen video footage of Miller’s murder, which had been recorded by Abari’s cousin, but that it no longer existed.
Abari testified that he was at Augie's on August 29, until 2:00 a.m., when he headed to Whispers. The defense noted that security camera footage from Augie’s did not show him.
Abari testified that he was a member of the Black Disciples street gang and that Miller was a member of the Gangster Disciples gang. Abari testified that he was with Miller on the platform outside Whispers, when Miller was assaulted by Garrett, Harris, and Stevenson, who he knew was a member of the Shotgun Crip street gang. Abari said Miller’s other friends walked away from the fight and that Stevenson continued to assault Miller, and he yelled at Miller’s friends that “you ought not let us do this to your home boy.”
Abari said that soon after, Miller’s friends returned and began shooting towards the elevated sidewalk from the street. He said that after the initial shots everyone on the scene fled, and Miller was left lying against the wall. Abari said that as he hid behind a car with Stevenson, he saw a man dressed in a white tank top carrying a handgun walk up to the sidewalk and shoot Miller in the head. Abari said the man then ran back to the street and got into a car, which he described as a dark-colored Ford Taurus or Mercury Sable. Abari was unable to identify the shooter. At the time of his testimony, Abari was still awaiting sentencing on his federal offense.
Over defense objections, the prosecution was allowed to present the evidence of Brown’s guilty plea to the Richfield shooting. Susan Wick, a Hennepin County probation officer, testified that during a pre-sentence interview with Brown, he admitted that he had fired the gun during the incident. Brown said he had left the gun at the home of a cousin. At sentencing, Brown was given credit for time served and released.
Reynolds, the firearms examiner, testified that the nine-millimeter shell casing found in the Richfield incident was fired from the same firearm as the nine-millimeter brass shell casing found next to Miller’s body. She acknowledged that no exact number of matching characteristics are scientifically determinative, but said it was her opinion that both casings were fired from the same firearm.
Dwayne Murray, who was in the Hennepin County Jail facing 12 robbery charges, testified that while he was in jail with Brown, Brown had admitted shooting Miller. Murray, who had previously been convicted of aggravated robbery, controlled substance offenses, auto theft, firearm offenses, and assaults, said he was formerly a ranking member and regional coordinator of the Gangster Disciples. He said that in exchange for his trial testimony, he had entered a plea agreement with the State on the robbery charges for a 92-month prison term.
Murray testified that during several conversations, Brown admitted shooting Miller after the assault in order to prevent Miller from coming back later and shooting Garrett, Stevenson, and Harris. Murray also testified that Brown admitted walking through a crowd of people and wiping the gun clean after the shooting. According to Murray, Brown admitted that he was a Shotgun Crip and that he felt betrayed by other gang members, including by Garrett, Stevenson, and Harris. Murray claimed that Brown admitted to preferring a nine millimeter pistol. Murray claimed that Brown said he was trying to pay someone else to take the blame for the murder. Murray also testified that Brown spoke about “beating” a prior shooting offense.
Clinton Wright testified that he had agreed to testify in exchange for a favorable plea agreement in a receiving stolen property case that was pending in Hennepin County District Court. Specifically, in exchange for his testimony, Wright would receive a stayed probationary sentence, rather than a 26-month prison sentence. He had previously been convicted of possession of a firearm by an ineligible person and fraud.
Wright testified that he met Brown in November 2009, while they were both in the Hennepin County Jail. Wright said that when they first met, they introduced themselves as members of the Shotgun Crips. Wright said that Brown told him that Miller and Garrett had a physical altercation outside Whispers, and that as Miller was getting the upper hand, Stevenson joined the altercation to help Garrett.
Wright said that after the altercation, Brown walked up to Miller and shot him in the head with a nine-millimeter handgun, which was the same handgun Brown had used in the Richfield incident. Wright testified that Brown did not say why he shot Miller, but Wright believed it was because Brown wanted to gain respect and recognition in the Shotgun Crips. Wright claimed that Brown also admitted that the gun he used belonged to Harris.
Wright testified that he was an active member of the Shotgun Crips from 1994, when he was 15 years old, until 1999, but he was still affiliated with and aware of the gang’s criminal activities that were concentrated in North Minneapolis. Wright described the gang as having a hierarchy that required members to shoot someone or commit other violent crimes to obtain a higher rank and respect within the gang.
Wright testified that gang members were involved in drive-by shootings, firearm violations, murders, distribution of drugs, and prostitution. Wright also testified that Garrett, Stevenson, and Harris were members of the Shotgun Crips.
Minneapolis Police Sergeant Bart Hauge was called to testify as an expert witness on criminal gangs. Hauge said he began investigating Minneapolis gang activity in 1999, and had conducted surveillance on several gangs, developed informants, conducted controlled buys, prepared cases for prosecution, and interviewed hundreds of gang members. He said he had investigated the Detroit Boys, Vice Lords, Gangster Disciples, Bloods, and the Shotgun Crips.
Hauge testified that gangs regularly engaged in criminal activity, including drug trafficking, drug distribution, gun trafficking, crimes of violence, robberies, assaults, burglaries, terroristic threats, shootings, and murders. He said that when a gang was disrespected, it showed weakness and prompted retaliation that included murdering a gang rival or informing the police on the rival gang.
He said that by committing murder a younger member will gain respect and achieve a “great” reputation within a gang. Hauge testified that the Crips were formed in Los Angeles during the 1960s and moved into the North Minneapolis area in the 1980s. He said the Crips had approximately 30,000 members nationwide and several hundred members in Minnesota. He said the Shotgun Crips were a subset of the Crips and generated income by committing violent crimes ranging from drug distribution [sic], robberies, burglaries, assaults, terroristic threats, shootings, and murders. Hauge testified that he had arrested Garrett twice in the past and that Garrett was a confirmed member of the Shotgun Crips.
The prosecution’s final witness was Sergeant Christopher Thomsen, who testified that he had interviewed both Wright and Murray. The prosecutor asked him whether he believed Murray and Wright had been truthful.
The defense objected that the question improperly sought to elicit impermissible testimony vouching for Murray and Wright. The objection was overruled.
“Yes, I do,” Thomsen testified. “Absolutely.”
The jury subsequently was instructed that credibility determinations were to be made by the jury.
The jury began deliberating on Friday, March 5, 2010. After about two hours, the jury was sent home for the weekend.
On Monday, March 7, 2010, the jury convicted Brown of all charges. Judge Warren Sagstuen sentenced Brown to life in prison without parole.
Ten days later, Brown’s girlfriend, Lashaumbay Hester, was charged with jury tampering in the case. She was accused of telephoning a juror over the weekend while the jury was in recess. The juror had recognized her voice from the courtroom and had reported it to the trial court the morning the jury returned without informing other jurors.
Hester was charged with harassment/stalking and being an accomplice after the fact. She pled guilty and was sentenced to nearly two years in prison.
On May 6, 2010, a post-trial hearing was held before Judge Sagstuen. During the hearing, for the first time, the prosecution disclosed a favorable plea agreement that it had entered into with Wright in a different county. Judge Sagstuen ruled that it did not have jurisdiction to conduct a post-trial hearing on the defense claim that the failure to disclose the agreement merited a new trial.
In December, the appeal was stayed and the case was remanded to the trial court. In January 2011, the defense filed a petition for post-conviction relief and a new trial based on the failure to disclose Wright’s plea agreement. On May 25, 2011, Judge Frank J. Magill denied the motion without a hearing. He ruled that although the failure to disclose Wright's plea agreement was a violation by the prosecution, the failure had not resulted in an unfair trial.
Brown appealed. In July 2012, the Minnesota Supreme Court affirmed his convictions and sentence.
Over the next several years, Brown filed more motions seeking post-conviction relief, requesting that the firearms evidence be retested, but all were denied.
In 2025, Brown’s attorney filed a request with the Hennepin County Attorney’s Conviction Integrity Unit (CIU) to review the case. The defense retained its own firearms and toolmark expert, Ronald Nichols, and the prosecution then turned over the evidence.
Nichols examined a bullet fragment that had been found by a planter near Miller’s body. Nichols determined that the fragment had details that were similar to details on the bullet recovered from Miller’s body. Nichols sent the fragment and the Miller bullet to Danny Roberge at LeadsOnline, an investigative technology firm, to conduct three-dimensional imaging. However, the results were inconclusive.
The defense then hired Brandon Best, another firearms and toolmark examiner, who had access to an Evofinder three-dimensional microscope. The fragment found near the planter, as well as four other bullet fragments found at the scene, were examined. In September 2025, Best reported that the bullet found in Miller and all of the fragments were fired by the same gun.
Best’s findings were peer reviewed by Dancy Sullivan, another firearms examiner, who agreed with Best’s report.
After the prosecution received Best’s report, it sought a second opinion from Lewis Gordon, another firearms and toolmark examiner who was the only other examiner in the U.S. who had access to an Evofinder. At first, Gordon said his examination was inconclusive. However, he then consulted with Best, who made his images of the fragments available to Gordon.
In November 2025, Gordon reported to the CIU with a “high degree of confidence that the bullet fragments were fired from the same gun as the Miller bullet.”
The CIU then sought an opinion from Bart Epstein, a blood spatter expert, who examined crime scene photographs. Epstein concluded that Miller’s head was not on the sidewalk when he was shot and that it was possible he was facing the street when he was shot.
In January 2026, Brown’s defense attorney, Kirk Anderson, filed a state petition for a writ of habeas corpus seeking to vacate Brown’s convictions. The petition noted that the prosecution’s argument at trial was that Brown shot Miller as he was on the sidewalk.
Based on the newly discovered evidence, the defense contended that it was “clear that the gun that fired the bullet that killed Mr. Miller fired several rounds, not just one.” The petition noted that the evidence the prosecution presented was that Miller was shot after several other shots had been fired. The petition said the new evidence suggested that Miller was inadvertently shot from the street, not by anyone who walked up and shot him while he was lying on the sidewalk.
On April 7, 2026, Hennepin County Attorney Mary Moriarty joined in the motion to vacate the convictions and dismissed the charges. Brown then was released.
In a statement, Moriarty said, “The advancements in technology over the past nearly 18 years were critical to determining the truth of what happened…Mr. Brown did not kill Darius Miller. That is a fact. While Mr. Brown was present at the scene that night, no other charges are appropriate at this point.”
She added, “My thoughts are with Mr. Brown as he is released from prison after serving nearly 18 years for a crime he did not commit, and especially with Darius Miller’s loved ones. For nearly two decades, there appeared to be closure and, while freeing Mr. Brown is the only acceptable course of action, I want to acknowledge how difficult this may be for them.”
– Maurice Possley
Posting Date: 04-30-2026
