DALLAS - DeSoto native, and NFL phenom Von Miller turned himself in Nov. 30 following an accusation of domestic violence against his pregnant girlfriend.
What started the reported altercation? She refused to "travel back on her birthday," according to an arrest affidavit.
"Looking at this, this appears to be a minor incident that they had," said criminal defense attorney Daryl Washington. "Obviously, you hate to ever minimize the complaint that's made by a victim... "
It happened, according to the affidavit at a Dallas high rise on Nov. 29.
Strong words reportedly led to physical "shoving and pushing," between the couple. It culminated in victim yelling, "Stop I'm pregnant!"
But Miller kept pushing, according to the affidavit. Even "stepping on her feet, causing her to fall back into a chair." He then "began applying pressure around" the victim's neck for three to five seconds before letting go," the affidavit read.
The 34-year-old NFL star then reportedly "...grabbed her phone and threw her laptop on the floor and stomped on it."
Washington isn't connected to the case but said even though the accuser wasn't hospitalized, authorities will likely try to move forward with prosecution whether she cooperates or not.
"In cases is like this, we see it all the time. There are complaints that are made by victims and two or three days later, when things clam down and cool off people tend to want to drop these charges, but what we've been seeing lately is that prosecutors are still pursuing these charges, if the evidence, if the photographs, if the recordings if they feel like they have enough evidence, they will still go forward," shared Washington.
The two-time first-team All-American's playing status for this weekend remains up in the air.
He faces a charge of third-degree felony assault of a pregnant woman, which is punishable by 2 to 10 years in prison and a $10,000 fine.
Miller is free on a $5000 bond and out of jail.
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