The Thanksgiving night shooting death of a 22-year-old man in north Birmingham has been ruled justifiable.
Lyndell Miller was killed about 8:15 p.m. Nov. 22 in the city’s Vice Hills public housing community.
The shooting happened inside apartment B at 3191 42nd Avenue North. Birmingham police were dispatched to the complex on a report of a person shot. Once on the scene, they found Miller unresponsive inside the apartment. He was pronounced dead by Birmingham Fire and Rescue Service.
Dozens of people gathered outside the crime scene that night. As police were conducting their investigation, a fight erupted between multiple people. At the same time, gunfire rang out nearby.
Police later said that gunfire was unrelated to Miller’s slaying or the subsequent fight.
Just hours before he was killed, Miller had posted that he was thankful to see another holiday. Miller posted these words on Facebook at 6:52 p.m.: “I’m just happy I seen another Thanksgiving. I’m thankful for everybody God put in my life and every situation He put me through. All is well.”
Birmingham police Sgt. Johnny Williams on Friday said the Jefferson County District Attorney’s Office ruled the shooting death justifiable and no charges will be filed against the man who shot Miller.
“That decision is by the DA’s office after the information is presented by the detectives,’’ Williams said. “Based on the evidence presented by the investigator, the DA ruled that the other person involved in the altercation was justified in their actions when Lyndell Miller was shot.”
No additional information or explanation was released. Miller’s mother, Tiffany Miller, disagrees with the ruling. “Obviously I’m not happy about it,’’ she said, “but there’s nothing I can do about it.”
Tiffany Miller said the shooting happened at the apartment of the man who killed her son. “Apparently this guy had an issue with my son and my son didn’t know that,’’ she said. “They’re saying my son was the aggressor, but I don’t believe that.”
She said her son was not armed. “I brought my son up to fight with his hands, not a weapon,’’ she said. “He was there with someone he thought was his friend and he was cooking for them. I feel like it was premeditated. I think it was all a set-up.”
Miller left behind a 3-year-old son. “All he does is ask for his daddy,’’ she said. “He goes through my phone and looks at his pictures.”
Asked what she wanted people to remember about her son, the grieving mother said this: “He was a loyal person. He was a good friend,’’ she said. “He would help out anybody.”