Attorney: New information could impact charge against accused deputy killer

HOUSTON (KTRK) -- Anthony Osso, the lawyer for accused cop killer Shannon Miles tells reporters his investigation suggests Deputy Darren Goforth was not at gas station to fill up, but instead to meet a woman. If that is the case, the Death Penalty may not be an option if Miles is convicted.

Shannon Miles is more than a year away from his murder trial, but already his attorney is trying to get the death penalty off the table. Reacting to the disclosure of an eyewitness who claimed to have a 15-month romantic relationship with the fallen deputy, Osso told reporters if Dep. Darren Goforth was at the Chevron to meet the woman and not fill up his squad car, it may not meet the requirements of a death penalty case.

Calling it "a major legal issue," Osso told us, "My concern about his relationship is what took place during the time he was at the Chevron station, why was he there, what was the reason and was it the discharge of an official duty or not."

Osso admitted Texas criminal law is not clear on this point, but that he will continue to investigate.

The Harris County District Attorney's Office is not commenting.

The Harris County Sheriff's Office told us through a spokesman that they have always considered Goforth to be on-duty when he died. The office tells us Goforth had just cleared the scene of a minor auto accident and had 3 hours left on his shift when he was killed.

Osso says he has not turned up any connection between Miles, Goforth and the woman who claimed the romantic relationship.

Outside of his investigation into any relationship Goforth may have had, Osso confirmed that Miles has not offered a motive or confession to the crime. Osso says since he's been on the case, Miles is no longer speaking with detectives. He also told Eyewitness News his investigation has not turned up any connection between Miles and the 'Black Lives Matter' movement.