HOUSTON — Bond was denied Monday for the man accused of shooting and killing Harris County Precinct 4 Deputy Constable Kareem Atkins and wounding two other deputies.
Nineteen-year-old Eddie Miller was arrested in December and charged with capital murder of a police officer and aggravated assault of a public servant.
Investigators say Miller shot and killed Atkins, critically wounded 28-year-old Darryl Garrett and wounded 26-year-old Juqaim Barthen last October. They were working an extra security job outside the north Houston nightclub when it happened.
Atkins, 30, had just returned from paternity leave when investigators said he was gunned down with an AR-15 rifle. He and his family were supposed to leave the next day for a trip to Disney Land. His wife, Nadia, said Atkins worked the extra job to earn money for his family.
Miller was already being held without bond but his defense attorneys requested another hearing to ask for one.
To get no bond in capital murder cases, prosecutors need to prove that Miller committed the crime, that he is a future danger and that a jury would likely give him the death penalty.
Miller's defense attorneys say that didn’t happen in court.
"I didn’t hear anyone say there is the guy that was holding the gun," Miller's attorney Casey Keirman said.
During Monday's hearing, the state showed surveillance of the actual shooting but it was too far from the camera to clearly see. Investigators point out the suspect in the video, but you can't see his face because he’s wearing a mask and hoodie.
Barthen, one of the injured deputies who survived the shooting, took the stand.
"The deputy that got shot in the foot, he didn’t pick him out, 'That was the guy that shot me.' He looked at the video," Keirman said.
After hearing from both sides, the judge denied bond for Miller.
"I think it was the only appropriate decision and I think the judge saw that, too," Assistant District Attorney Jeff Matovich said.
“The right decision was made in denying a suspected murder a bond," Precinct 4 Constable Mark Hermann said in a statement.
Prosecutors said they have evidence to show that the man in the hoodie with the mask is Miller.
"I think that is something they are going to fight about in court as we go forward. We have additional evidence we will present at the appropriate time," Matovich said.
A date has not been set for Miller’s trial. His next court date isn't scheduled until July.