Mut and Miller went to the Omaha party, where a fight broke out in the street about 1:45 a.m. Nov. 7. According to a cellphone video, Wucher testified, Miller pulled out a gun and fired twice into the ground. After that, another five gunshots are heard, but the video doesn’t show who fired the shots. Miller, Wucher said, was shot from behind.
Investigators found two 9 mm and three .40 caliber shell casings in the area but did not recover any guns there.
Wucher said detectives think Miller died from a .40 caliber bullet because fragments of that type of bullet were found during the autopsy. Officials don’t know which type of bullet Dat was shot with because the bullet went all the way through him.
Omaha police interviewed Mut the next day in a Lincoln Police Department office. He told them that he realized a fight was occurring in the street, but his back was turned when the shots were fired. He said he then saw Miller lying on the ground.
Mut told police that his sister, who was kneeling near Miller, took Miller’s gun and handed it him.
Authorities later found the 9 mm handgun at another man’s home.
In February, Miller’s mother told Wucher that Mut disclosed to her the day after the shooting and on Dec. 29 that he had shot Dat but not Miller.
Mut was interviewed again in March after he was taken into custody on suspicion of tampering with evidence.
In a second interview, Wucher said, Mut told police that after he saw his sisters fighting with Dat, he took out a gun and fired at him, but Miller stepped in front of Dat. Miller was not the intended target, Wucher said.
Mut told officers that he shot Miller twice, Wucher said, but later recanted the statement. Mut also told police that he had a .40 caliber gun in his closet at his Lincoln residence. Authorities later seized that gun, but Wucher testified that it did not match any gun used during the November shooting.
After the hearing, Kyra Miller, Gabriel Miller’s mother, said there’s more to what led up to the killing of her son. She said everyone who was involved should be held accountable.
“I just really want the truth to come to light,” she said. “It’s just a tragedy all around because they were friends.”
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