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Friday, Feb. 10, 2012

Jailhouse confession? Attorney says alleged statement isn't proof

Tuesday, March 16, 2010
(Photo)
David Niles, left, listens as Cameron Ferrell, a Bedford County jailer who was also a classmate, testified about an alleged jailhouse confession in the murder of 26-year-old Laura Parker. Niles was bound over to the next session of the Bedford County grand jury.
(T-G Photo by Brian Mosely) [Order this photo]
After a judge heard testimony about a confession to a former classmate turned jailer, the man accused of murdering the mother of his child was bound over to next month's session of the county's grand jury.

But the attorney defending David E. Niles said the alleged confession was not "proof" that her client shot and killed 26-year-old Laura Parker two months ago.

Only two witnesses appeared before General Sessions Judge Charles Rich on Monday -- a paramedic who viewed Parker's body after the slaying and Cpl. Cameron Ferrell of Bedford County Jail, who testified that Niles admitted to shooting Parker in the head.

Niles, who has been charged with first degree murder and unlawful possession of a weapon, was arrested no more that five minutes after gunshots were reported at Forest Hills Apartments on Neeley Avenue around 8:30 p.m. on Jan. 11, where the body of Parker was discovered in the parking lot.

His car, a white Nissan Sentra, matched the description of a vehicle seen leaving the apartment complex and he was pulled over by Shelbyville police, who discovered a Glock 9mm semi-automatic pistol in Niles' possession.

Police officials told the T-G last week that they are still waiting on ballistic and autopsy results from the TBI.

Classmate confession

Ferrell testified that when Niles was booked into the jail following his arrest, he told his former classmate that he "didn't know why he was there,"

The jailer said that he and Niles went to school together at Cascade, were not close or hung out together, but were in the same classes and considered each other friends.

Niles, who was in isolation due to the crime he was accused of, had told another guard the day after his arrest that he wanted to speak to Ferrell.

Ferrell said that Niles apologized for lying to him before when he was booked, and without any prompting from Ferrell, Niles then began to allegedly tell his former classmate "what he did and how he did it."

Ferrell testified that Niles allegedly said that he drove through the parking lot of Forest Hills "and was going to drive away ... and he told me several times that he felt like God did not want him to kill Laura."

"'It was like God was telling me to leave,'" Ferrell quoted Niles as saying.

But Niles supposedly told Ferrell that he put the car in reverse, got out with a mask over his face, "fired once and told me he hit her in the head," indicating where Niles said he shot the 26-year-old woman.

Niles allegedly fired a second shot, but Ferrell said that Niles told him his hands were shaking and he did not know if the second round hit Parker.

Ferrell also said that Niles told him he had "gotten on a computer" to look up information about ballistics and firing pins.

As for the motive, Niles also allegedly told Ferrell that Parker "was an unfit parent"-- forgetting to give medication to the child they had together "and was kind of upset at her."

Ferrell said that Niles then asked to speak to Shelbyville Detective Charles Merlo.

Doug Peacock, Bedford County EMA Supervisor, briefly testified that when he arrived that Parker had no pulse, had suffered massive blood loss and that her brain matter was exposed.

"No proof at all"

Under cross examination by defense attorney Mickie Daugherty, Ferrell said this was the first time an inmate had asked to speak to him, followed by a confession.

The jailer said that Niles told him "this is between me and you" but added that he did not ask him any questions -- that Niles volunteered the information. Ferrell said that he told his superiors about the conversation and filed a report. He also testified that Niles spoke to him the next day and said that his lawyer told him "it was stupid of you to talk to him."

Ferrell also said that he worked for Niles' grandmother at one time at an after-school care program.

After Ferrell's testimony, the state rested its case, but Daugherty said that while there was a supposed jailhouse confession, they had presented no proof about anything found on Niles.

"A possible jailhouse confession -- that's no proof at all," she said. "Anyone can come in here and say that."

However, Rich pointed out that Ferrell was under oath and sworn to tell the truth, but Daugherty replied there was no proof that what Ferrell testified to was the truth.

Rich ruled he found there was probable cause in the matter and bound Niles over to the next session of the grand jury, set for April 26 at 1 p.m.