Alec Baldwin Will Not Be Charged for Shooting 'Rust' Director

Alec Baldwin will not be charged with the shooting of "Rust" Director Joel Souza, despite the fact he was hit by the same bullet the D.A. says was fired recklessly and killed cinematographer Halyna Hutchins ... and now we know why.

The Santa Fe District Attorney's Office tells TMZ … there's just no crime when it comes to the Souza incident.

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THE REENACTMENT

The D.A. says the only way to characterize the shooting of Souza is an "unintentional battery," and no such thing exists. A battery requires intent, and even the D.A. says Baldwin had no intention to hurt anyone. The case against Baldwin is rooted in alleged recklessness.

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SAFETY’S NOT HIS ROLE
TMZ.com

There's been lots of criticism against the D.A. in the wake of the announcement Baldwin will be charged with manslaughter for the death of Halyna. Actor Douglas Stewart, who shot a scene in "Rust" before the fatal incident, appeared on "TMZ Live" Friday and said he's been on movie sets with guns for decades, and NEVER has an actor checked the chamber of a gun ... in fact, he says they're prohibited from doing so. Stewart says they rely on the experts -- the armorer.

If the case goes to trial, it's certain Baldwin's lawyers will argue the actor merely followed long-standing custom, so that would in no way constitute recklessness.

There's also criticism the D.A. will be charging Baldwin because of his Executive Producer role in the movie. Stewart says Baldwin was not running the show -- his E.P. credit was really just so he could get back-end profits.

Baldwin is expected to be formally charged for Halyna's death by month's end.

Mass Shooting 11 Killed in Massacre During Lunar New Year ... Suspected Gunman Dead

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1:23 PM PT -- 1/23 -- The death toll rises to 11 after one of the hospitalized victims has died, according to hospital officials.

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5:37 AM PT -- The police confirmed the man in the van is the suspected gunman. He died by suicide.

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4:59 PM PT -- A man was found dead Sunday in a white van that police had reason to believe may be connected to the mass shooting in Monterey Park -- this after shooting himself.

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The van had been surrounded by law enforcement in a standoff down in Torrance, and a loud noise could be heard inside. After a tactical team approached and looked inside, they found a dead body. It's unclear if this man is, in fact, the suspect who'd been on the run.

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Some reports have indicated it may be him, but the official word isn't out yet. A motive has yet to be ascribed to the massacre.

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9:25 AM PT -- Sheriff's officials say ... the 10 people found dead at the scene were 5 women and 5 men.

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One suspect, described as an "Asian male," fled the scene. It's still unknown if this and a possibly related incident in nearby Alhambra are connected.

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The Sheriff's Office says they have not ruled out a hate crime. They also stated they do not believe at this time that an assault rifle was used in the shooting.

A gunman killed 10 people and wounded 10 others in a mass shooting at a popular dance studio in Monterey Park.

The assailant went on his bloody rampage late Saturday night near where people had been celebrating the Lunar New Year Festival in Monterey Park. Thousands of people had attended that event about an hour earlier ... organizers later canceled festivities scheduled for Sunday.

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FROM THE SCENE
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After the attack at the dance hall, the shooter fled. Police have not disclosed a motive and have no description of the suspect. No weapon was found either.

CNN interviewed a witness who said people usually hang out at the ballroom on weekends, but they were also marking the Chinese Lunar New Year ... "So as these celebrations were going on, these shots rang out."

L.A. Sheriff's Department Captain Andrew Meyer described a chaotic scene after police responded to a "shots fired call" around 10:20 PM.

"When officers arrived on scene, they observed numerous individuals, patrons of the location pouring out of the location, screaming," Meyer said. "The officers made entry to the location and located additional victims."

Meyer said the fire department also responded to the scene and treated the injured before transporting them to area hospitals. The victims were listed in various conditions ranging from stable to critical.

The Sheriff's Department is leading the investigation with assistance from the FBI. Investigators are looking into a possibly related incident in nearby Alhambra.

Originally Published -- 1/22 6:09 AM PT

Alec Baldwin Mum's the Word ... On 'Rust' Involuntary Manslaughter Prosecution

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Alec Baldwin was in no mood to talk Friday as he arrived back at his NYC apartment building ... mum over the announcement he'll be prosecuted for involuntary manslaughter in connection with the fatal "Rust" shooting.

Baldwin shielded his face as he beat a hasty retreat inside. His lawyer has made it clear ... Baldwin will fight the charges, saying his client relied on professionals on the set and therefore the criminal charge is a gross miscarriage of justice.

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SAFETY’S NOT HIS ROLE
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Baldwin has some support from his fellow actors. Douglas Stewart, who shot a scene for "Rust," says in all of his experience in show business, actors have never been the ones to inspect the chamber of a gun. In fact, he says it's routinely prohibited ... and the actor's union has cosigned on that procedure.

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Baldwin could face years in prison if convicted, but the D.A. hedged the other day when asked if prison time would be appropriate ... merely saying she wanted "accountability."

Baldwin is being charged both as an actor and an executive producer. But, Douglas Stewart told us Baldwin's E.P. title was really in name only, so he could get paid on the back end -- he did not have day-to-day responsibility over the set, which clearly had problems.

There's a lot of criticism over the charges, although Matthew Hutchins, the widower of cinematographer Halyna Hutchins who was fatally shot, is down with the prosecution.

Lil Meech 'BMF' Star Beats Rap in Gun Case ... After Mix-Up with Bodyguard

Lil Meech, the star of 50 Cent's "BMF" TV series, is off the hook in his Florida gun possession case ... and TMZ has learned it was all just a mix-up involving luggage.

Here's what happened ... Meech was arrested in December at Fort Lauderdale-Hollywood International Airport after TSA agents spotted a 9MM in a carry-on bag he put through the security scanner.

Turns out the bag and firearm belonged to Meech's bodyguard, who was with the actor and told cops the gun was his. But, police ignored the bodyguard and busted Meech, accusing him of illegally carrying a firearm into the airport because he placed the bag onto the scanner belt himself.

Meech's powerhouse attorney, Bradford Cohen, tells TMZ ... he presented indisputable evidence to Broward County prosecutors that proved the bodyguard owned the pistol, including the purchase receipt, gun case and permit for the firearm.

Cohen also explained to prosecutors that Meech and the bodyguard share the same taste in luggage. As a result, Meech accidentally picked up the bodyguard's carry-on while they were rushing to catch a flight, and Meech's actual bag was accidentally left behind.

The Broward County State Attorney's Office confirmed to TMZ ... prosecutors declined to file a misdemeanor charge against Meech "because of the facts and evidence available in the case and the statements made by [Lil Meech] and his employee."

'New Jack City' Cast No Sugarcoating Violence, But There's a Lesson ... And, We Got Ice-T's Stamp 👌🏼

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ADDRESSING VIOLENCE HEAD-ON
TMZ.com

Naughty By Nature's Treach and his "New Jack City" stage play costars are well aware of the real-life violence in hip hop today, and hope their production of the classic '90s film can scare the genre straight.

We got Treach, Gary Dourdan, Flex Alexander and the one and only Big Daddy Kane Friday in Burbank, CA -- they're putting on the play all weekend at L.A. Orpheum Theater, and they say the production doesn't shy away from violence ... even with the recent string of tragic headlines about slain rappers.

Treach says 'New Jack' highlighted the brutality of the '80s crack epidemic, and delivered the message "that wasn't the route to take." He's hoping today's generation will take that lesson and apply it to the rap game.

Flex says most of the cast has known each other for several decades, so it's been easy to mesh ahead of their live performances -- there's no "take 2" in theater -- and they all credit director Je'Caryous Johnson for getting them game-ready months in advance.

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DOING THE ORIGINAL JUSTICE
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We recently got BDK 1-on-1 back in NYC, where he told us having Allen Payne -- who's reprising his role as Gee Money from the film -- was the cheat code the rest of the cast needed to stay in line with the original.

Speaking of those NYC shows, Gary tells us another OG star, Ice-T, showed up to put his stamp of approval.

For fans of the movie ... Treach plays Wesley Snipes' lead character Nino Brown, Gary steps into Ice's role of Scotty and Flex is Chris Rock's Pookie.

There are a few tickets still available in L.A. this weekend, before the cast heads to Dallas, Washington D.C., Norfolk and Chicago.

'Rust' Actor Douglas Stewart Defends Alec Baldwin ... Gun Safety's Never Been Actors' Job

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SAFETY’S NOT HIS ROLE
TMZ.com

"Rust" actor Douglas Stewart is adamant about who's in charge of firearms on film sets, and says Alec Baldwin's getting a raw deal ... because actors are not typically responsible for gun safety.

Douglas shared his thoughts Friday on "TMZ Live" about the announcement Baldwin will be charged with involuntary manslaughter for the 2021 fatal shooting of cinematographer Halyna Hutchins on the "Rust" set.

Douglas says whenever he's been on a set with guns there have been strict procedures in place -- procedures that clearly state a stage manager or armorer is responsible for preparing and handing guns to actors.

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As an actor, he says he's never been allowed to check a gun or open the chamber ... whether for TV, film, or stage play.

Most importantly, Douglas also says that's the industry standard -- that actors trust the professionals when it comes to firearms.

If so, that could become a crucial part of Baldwin's defense, should his case go to trial.

As for Baldwin's role as an executive producer ... Douglas says his understanding is that he was not involved in safety or day-to-day production in a hands-on way -- instead, he thinks Baldwin's title was more about finances and his compensation.

Douglas also told us the charges against Alec won't change his approach on film sets -- he still won't take it upon himself to check a weapon, but will ask the armorer to double-check in front of him.

He says he simply has no choice, but to be super cautious.

The filming of "Rust" with AB and the rest of the cast is set to resume this month with Halyna's widower Matt Hutchins now listed as an EP -- one of the terms of the settlement of his wrongful death lawsuit against Baldwin.

Ex-NFL DL Derek Wolfe Followed Protocol In Mountain Lion Killing ... Authorities Say

Authorities in Colorado say Derek Wolfe followed all the steps necessary in his hunt of a mountain lion this week ... confirming to TMZ Sports the former NFL player's killing of the animal was legal.

A spokesperson for Colorado Parks and Wildlife tells us ... Wolfe did all that was required of him in order to lawfully take down the big cat in Grant earlier this week.

According to the CPW, Wolfe obtained his mountain lion hunting license and is "in good standing" with the org. It also said Wolfe checked all the boxes necessary -- such as properly reporting the kill -- to make it all above board.

Wolfe himself insisted on his "The Drive" podcast that he did nothing wrong ... explaining, as he did in his initial post about the kill, that the male mountain lion was a menace to neighboring communities prior to its death.

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HUNTIN' SEASON
"The Drive" on 104.3 The Fan

"He was hiding under this lady's porch down the road," Wolfe said of what initially made him set out to kill the beast. "She told us, 'Please get rid of him. He killed my dog last year.'"

Wolfe added, "I love hunting deer and elk, and mountain lions kill deer and elk, and mature male mountain lions kill the cubs of female mountain lions to get them to go back into heat."

"I feel like I am doing my part by taking care of some of these Toms. It is not easy."

Wolfe said after an hours-long hunt for the animal, he eventually shot and killed it with a bow and arrow. He said the big cat was massive -- weighing around 200 pounds ... and spanning the entirety of his 6-foot-6 frame.

"That thing can kill anybody," Wolfe said.

The former football player's peers were impressed with his feat ... with former Broncos and Titans linebacker Wesley Woodyard saying in the comment section of Wolfe's post, "Bro this is sick as s***!!!!!!"

Lil Tjay Gotta 'Clutch My Strap' No Matter What!!! Uses Arrest Footage For New Vid

Lil Tjay is turning his recent run-in with NYPD into artistic content ... splicing footage of the arrest into the music video for his new single, "Clutchin My Strap."

The new track finds Tjay detailing his PTSD from being shot last summer, and how he and his crew will mob with guns going forward!!!

In addition to clips of the arrest, director JLShotThat mixes clips of concert performances with scenes of Tjay making gun hand signals to drive home his point!!!

The Trench Kid relives the June 2022 shooting with cinematic flair, rapping on the track, "Whаt уоu dіd tо mе І tооk ѕеvеn, уоu tооk thrее/Вut thеѕе flеѕh wоundѕ bеttеr thаn а bullеt tо thе ѕkі/Аllеgеdlу, ’саuѕе І dоn’t еvеn rеаllу knоw whаt hарреnеd І’m јuѕt rарріn’, but І bеt І’m ’bоut thаt асtіоn."

That notion to arm oneself illegally is allegedly what derailed Tjay's attempt at a video collab with Ice Spice earlier this week.

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TAKEN AWAY
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TMZ Hip Hop broke the story ... Tjay's attorney Dawn Florio thinks the rapper was subjected to an illegal search on January 15 when he and several others were arrested for gun possession ahead of the video shoot with Ice Spice.

He's since posted bond and is back to updating streaming services with more music about blickies and being loaded on drugs.

Following Tjay's arrest, Ice Spice was forced to flip the script and film her "In Ha Mood" video -- but she released the official "Gangsta Boo" audio on Friday as part of her debut EP, giving Tjay a 2-for-1 special on New Music Friday!!!

Desiigner ‘Retirement' Is Over … Career Getting ‘Bigger & Bigger!!!'

Desiigner’s had time to rethink his passionate declaration about retiring due to his disgust with Takeoff’s murder ... and the Brooklyn-bred rapper's decided to go big, and get back in the game.

The former GOOD Music chart-topper is blazing the indie circuit now through a management deal with Riveting Music, and dropped off the new video for his recently released track, “Bigger and Bigger."

The Daniel CZ-directed video takes on a “Batman” feel ... as a giant-sized Desiigner overlooks the city’s nighttime skyline.

Desiigner’s been gearing up for his first full-length project in years -- he recently linked with Slim Jxmmi for the single "Kilo,” and released the solo tracks “My Brodie” and “Star in the Room."

All the productivity is a far cry from his emotional November 1 outburst after Takeoff was shot and killed in Houston. Desiigner was distraught as he announced he was done rapping.

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I'M DONE

Interestingly, the lyrics to “Bigger and Bigger” include plenty of gun talk. We reached out to Desiigner to get a full update … stay tuned!!!

Alec Baldwin To Be Charged with Involuntary Manslaughter In 'Rust' Shooting Death

UPDATE

10:17 AM PT -- Santa Fe District Attorney Mary Carmack-Altwies says Alec Baldwin is being charged as both an actor and a producer on the movie ... she says he pulled the trigger as the actor, and had a duty to make sure the set was safe as a producer.

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The D.A. says Alec definitely pulled the trigger, despite what he says, because she trusts the FBI's analysis ... and she says one of the reasons the investigation took so long was because prosecutors were waiting to see what the FBI concluded about the gun.

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8:48 AM PT -- Alec Baldwin's attorney, Luke Nikas, released a statement saying, "This decision distorts Halyna Hutchins’ tragic death and represents a terrible miscarriage of justice. Mr. Baldwin had no reason to believe there was a live bullet in the gun – or anywhere on the movie set. He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win."

Alec Baldwin will be prosecuted for the fatal shooting of cinematographer Halyna Hutchins on his "Rust" movie set.

Prosecutors in Santa Fe County, NM made the announcement Thursday morning that Baldwin will be charged with involuntary manslaughter. The film's head armorer Hannah Gutierrez-Reed was also charged with involuntary manslaughter. Both face a maximum of 5 years in prison if convicted.

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The Assistant Director, Dave Halls, has agreed to a plea deal for the charge of negligent use of a deadly weapon. He will get a suspended sentence and 6 months probation.

Interestingly ... no charges will be filed in connection with the non-fatal shooting of director Joel Souza, who was hit in the shoulder by the same bullet that killed Halyna.

Attorney Brian Panish, who represents the Hutchins family, tells TMZ, "We want to thank the Santa Fe Sheriff and the District Attorney for concluding their thorough investigation and determining that charges for involuntary manslaughter are warranted for the killing of Halyna Hutchins with conscious disregard for human life."

Panish goes on ... "Our independent investigation also supports charges are warranted. It is comfort to the family that, in New Mexico, no one is above the law. We support the charges."

It's interesting ... Halyna's widower, Matthew Hutchins, settled with Baldwin and the production and actually became an Executive Producer on the film.

In announcing the charges, the special prosecutor, Andrea Reeb, who was appointed by the D.A., said, "The evidence clearly shows a pattern of criminal disregard for safety on the 'Rust' film set. In New Mexico, there is no room for film sets that don't take our State's commitment to gun safety and public safety seriously."

Reeb said, "If any one of these three people - Alec Baldwin, Hannah Gutierrez-Reed or David Halls - had done their job, Halyna Hutchins would be alive today. It's that simple."

Alec has all along denied any wrongdoing, insisting all he did was follow instructions during a rehearsal where he was practicing how to position the pistol for a "cross draw" scene in a chapel ... as director Joel Souza and Halyna figured out camera angles.

He's also repeatedly said Halls, the assistant director, handed him the prop firearm (something Halls denies) and said it was a "cold" gun ... meaning it was unloaded and safe.

While Gutierrez-Reed, the lead armorer, was not in the chapel ... Alec has suggested she bears some responsibility, as it was her job to prepare and check the props.

Alec was visibly torn up on set immediately after Halyna was shot. However, in subsequent interviews he went on the defensive, saying it was a tragic accident for which he bore no responsibility. He also insisted he did NOT actually pull the trigger on that fateful day.

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The FBI disagreed with Alec's assertion ... after testing the weapon, it issued a report which concluded the pistol would not fire without someone pulling the trigger.

Halyna's death was eventually ruled to be accidental -- the medical examiner found no intent to cause harm in their official report.

Still, Halyna's family filed a wrongful death lawsuit against Alec and others involved in the production, saying he directly caused her death and that he was negligent in his handling of the gun -- not to mention safety protocols on the set.

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PROSECUTORS SEEKING CHARGES

They ultimately settled the lawsuit in October, and agreed to complete filming "Rust."

Alec also sued four crew members -- Gutierrez-Reed, Halls, Sarah Zachry and Seth Kenney - claiming they failed to safeguard the film set.

Originally Published -- 8:03 AM PT

Oklahoma H.S. Basketball Gunshots Go Off At Game ... Horrifying Video

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Multiple gunshots rang out at the end of a high school basketball game in Oklahoma on Tuesday ... sending fans scrambling for their lives -- and the horrifying incident was all captured on video.

It happened at Del City H.S. after the school's boy's basketball team beat Millwood High, 62-58.

In a broadcast of the game, you can see as fans were leaving John Smith Fieldhouse ... two shots went off, causing chaos in the gym.

Spectators immediately bolted for cover ... as the broadcasters of the game threw their stream to commercial break, and then ducked underneath the scorer's table to cover themselves.

DCHS Principal Steve Gilliland said in a statement following the contest that a gun was fired after a fight had occurred at the conclusion of the game.

"The Del City Police Department is onsite and investigating the incident," Gilliland said.

One adult male was shot, police told KOCO ABC 5 News, and taken to the hospital. His condition is currently unknown.

Cops told TMZ Sports on Wednesday they hadn't received any reports of students who were injured in the incident. No arrests have been made ... and an investigation remains ongoing.

Gilliland said the school will go to online, virtual classes on Wednesday in wake of the shooting.

Tory Lanez Jose Baez Confident in Appeal ... But Wishes Tory Called Him Sooner

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MISTAKES WERE MADE
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Tory Lanez might not be staring down a 22-year prison sentence if he'd hired renowned defense attorney Jose Baez during the trial ... at least according to Baez, who's feeling good about winning an appeal.

Tory's new high-powered lawyer -- who famously won an acquittal for Casey Anthony --  joined us Tuesday on "TMZ Live," saying he's ready to go all out for Tory too, but, interestingly ... said he regrets the fact Tory didn't call him in for the trial.

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While Baez wouldn't reveal too many specifics prior to going before the judge, he strongly insinuated there were things he would've done differently if he were repping Lanez during his trial for shooting Megan Thee Stallion.

That being said, he told us he's confident there were procedural errors made -- partly because it was a high-profile trial -- and that will be the foundation of Tory's appeal of the conviction.

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As for how Tory's doing in jail while awaiting sentencing ... Baez says his client's never been convicted before, so he's never gone through anything like this, but says he's trying to make adjustments.

As we reported, Lanez pulled out all the stops last week, retaining David Kenner, Matthew Barhoma and Baez to work on his appeal.

Aside from the Anthony case, Jose also repped Aaron Hernandez ... and was in the middle of filing an appeal for his Odin Lloyd murder conviction when AH took his own life.

Alabama's Darius Miles Provided Firearm To Gunman In Fatal Shooting ... Cops Say

Former Univ. of Alabama basketball player Darius Miles has been accused of providing the firearm to the gunman who shot and killed a woman near campus over the weekend ... this according to cops in new court documents.

Police say in the filings, made public on Tuesday and obtained by TMZ Sports, that after Jamea Harris was killed by gunfire on The Strip in Tuscaloosa in the early hours of Sunday morning ... Miles admitted to providing a 20-year-old man named Michael Davis with the handgun prior to the shooting.

Cops claim Davis shot at the 23-year-old woman while she was in the passenger seat of a vehicle that had been stopped on the popular stretch of road near the Crimson Tide's campus. They say in the docs witnesses identified Davis as the gunman -- and that there is surveillance video of it all.

Harris died shortly after being struck by one of the bullets, cops say.

Tuscaloosa Police Capt. Jack Kennedy said in a news conference Sunday evening that it appeared "the only motive was a minor altercation that these individuals had with the victim as they were out on The Strip."

As we reported, both Miles and Davis were charged with capital murder over the incident ... and arrested on Sunday.

Miles, who was seen sobbing at the jail following the arrest, was released from the Alabama men's basketball team a short time after he was put in cuffs.

"We were made aware of the recent charge against student-athlete Darius Miles, and he is no longer a member of the Alabama men's basketball team," the school said. "Athletics, in conjunction with the University, is fully cooperating with this investigation."

Miles had played in six games for the Tide this season, recording nine points and nine rebounds. The 21-year-old had been ruled out for the year with an ankle injury on Saturday -- just hours before the shooting.

Gun-Toting Toddler Points Barrel At His Neck On Video ... Dad Arrested For Neglect

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NEAR DISASTER

A toddler waved around a loaded handgun at an Indiana apartment complex -- even pointing the barrel at himself at one point and pulling the trigger ... and his dad is now under arrest.

Check out this stunning Ring camera video showing the little boy in a diaper playing with the firearm on the second-floor landing of a Beech Grove, IN, residential building.

In the footage -- shot Saturday night -- the boy is seen standing at the foot of a staircase, holding the gun near his head and pointing it down at his neighbors.

The video cuts to the child aiming the firearm at an apartment door. The boy then moves around the landing, carelessly turning the gun barrel upward toward his neck.

He continues to walk around the landing, training the gun on various doors. CNN said he also pulled the trigger, but the gun likely didn't go off because there were no bullets in the chamber, although 15 rounds were in the magazine.

NBC News reported that the boy -- who appeared to be a toddler or of preschool age -- finally went inside one of the units.

Beech Grove police responded to the building after a neighbor called 911 to report a boy with a gun. The officers -- who were filming in real time for Reelz network's "On Patrol: Live," encountered the boy's father, Shane E. Osborne, who claimed that he didn't own a gun. But, cops searched his apartment and found the alleged firearm under a TV in the living room.

Osborne was arrested and booked into the county jail for felony suspicion of neglect of a dependent. He has not been accused of gun possession, but the investigation is ongoing. He's due in court Thursday afternoon.

Failed GOP Candidate Arrested in New Mexico Over Shootings at Dems' Homes

Cops in New Mexico have arrested a failed GOP candidate in connection with multiple shootings at local Democrats' homes ... this after the guy proudly refused, in Trump fashion, to accept he lost.

Albuquerque PD took Solomon Peña into custody Monday, and the police chief says he believes Peña is the "mastermind" of 4 separate shootings that occurred between Dec. 4 and Jan. 3.

In each instance, police say Democratic politicians were targeted -- including the Bernalillo County Commissioner, the State House Speaker, a former county commissioner and a state senator. Cops claim they have evidence directly tying Peña to the scene of the latest shooting.

For the other incidents, ADP claims Peña hired at least 4 men to carry out the shootings. Police also say they believe this was politically motivated. Thankfully, nobody was harmed in any of the four shootings, but the homes were damaged.

Peña ran for a state House seat in 2022, but lost by a landslide to a Democrat. Up until recently, he'd been denying the results ... claiming he's the victim of election fraud. If that sounds familiar -- the answer to your question is yes, he's a staunch supporter of former President Trump.

BTW, Peña's reportedly got a rap sheet, including convictions for burglary and larceny.

There are 2 other shootings at Democrat homes that law enforcement is investigating -- thus far, they haven't linked those to Peña.

Lil Tjay Gun Arrest Was an Illegal Search ... So Claims His Attorney

Lil Tjay’s getting a raw deal from the NYPD, at least according to his legal team which believes cops had no business searching the "Calling My Phone" rapper's car, leading to his arrest for gun possession.

Attorney Dawn Florio tells TMZ Hip Hop ... Tjay was just a passenger inside the vehicle alongside several other people, and she insists the vehicle was parked legally on the street.

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TAKEN AWAY
TikTok / @hijoshotit

Once police arrived, Florio claims they gave no reason for searching the vehicle and, perhaps most importantly ... she adds, the gun they found does not belong to Tjay.

So, she's claiming the traffic stop itself was bogus -- and, therefore, cops had no right to arrest her client.

Florio thinks NYPD targeted Tjay on account of the social media posts he and fellow Bronx-born rapper Ice Spice put out to promote the filming of the music video for their "Gangsta Boo" collaboration.

Tjay is currently behind bars, waiting to see a judge.