Attorney for man charged with murdering deputy speaks out

HOUSTON, TX (KTRK) -- Shannon Miles is jailed without bond, charged with the capital murder of Harris County Deputy Darren Goforth. The husband and father was shot to death at a Cypress gas station less than a month ago in an ambush. Surveillance video at the gas station led to Miles' arrest.

It was a case that inspired several thousand to people to march in Goforth's memory, created a huge memorial for two weeks at the place where he was killed, and a funeral that filled Second Baptist Church, and an outpouring of support for law enforcement.

PHOTOS: Dep. Darren Goforth's memorial service

Friday, a document became part of the public record. It was sent, as required by state prosecutors, to the defense, that claims a woman seen at the murder scene cradling the deputy's body and screaming told investigators she had a relationship with Goforth.

Now, Miles' attorney says he's investigating whether the deputy was at the gas station to meet the woman. If so, Anthony Osso says he will argue it was not a case of Goforth being there as part of his job. If that were proved to be the case, he believes it would not be a case of capital murder.

"It would be my contention that he wasn't there on official business, " he said.

So far, nothing has been proven. Requests for comments to the DA's office were not returned Sunday.

It did however, receive a response from the Harris County Deputies Organization.

Its Vice President, Eric Batton , told us, "Deputy Goforth is dead, murdered on duty. We don't know the nature of any relationship. He is dead and can't defend himself. He was clocked in on his computer, at a gas station, having just finished a service call. He was murdered in uniform, on duty at his patrol car."

Osso says he will ask for call records for the deputy's phone, as well as the woman who was at the gas station.

He says his client had previous mental health issues, which will likely play a role in the defense.