DENVER - It's not entirely clear why Denver prosecutors have decided to list Denver Bronco linebacker Von Miller as a potential witness in a high-profile death penalty case, but newly released court documents indicate the Denver District Attorney's Office is reserving the right to call Miller to the stand during the sentencing phase of the trial should it see fit.
The case involves the deaths of five people inside Fero's Bar and Grill on October 17, 2012. Prosecutors are seeking the death penalty against Dexter Lewis, 23. Two co-defendants have already pleaded guilty and are awaiting sentencing.
Von Miller's name appears along with dozens of other names in a court filing obtained by 9News. The motion is part of a standard disclosure to the defense of people who could be called to the stand during the trial. It is filled with police officers and firefighters names, but near the end of the list Miller's name and correct date of birth appears in a subsection labeled "lay witnesses." In the motion, Miller is listed as "a possible acquaintance of (a friend of Lewis) and may testify about prior events and the Defendant's attire." 9News is seeking clarification of this line from the Denver District Attorney's Office.
Denver Police investigators believe Lewis fatally stabbed the five victims before helping ignite the inside of the building using gasoline. Denver firefighters recovered the charred bodies of all five victims inside the still-smoldering building shortly after responding to the scene.
The Denver Broncos said they are aware that Miller has been listed as a potential witness in the case. The Broncos have been told Miller had zero-direct involvement in the Fero's Bar murders.