The man accused of fatally shooting a beloved Alabama cheerleader could walk free after his legal team filed a new motion claiming the crime was justified under state law. 

Steven Tyler Whitehead, 28, faces one count of murder and three counts of attempted murder after he allegedly carried out a shooting on October 18, 2025, at a bonfire party in Pinson - about 15 miles from Birmingham. 

Kimber Mills, 18, died after Whitehead fired multiple rounds in a crowd of roughly 40 to 50 people just after midnight. Three other people were wounded and survived.

Authorities have alleged that Whitehead became involved in a verbal and physical confrontation before pulling out a gun and opening fire at 'The Pit', a local wooded area where young adults - typically aged 18 to 22 - hang out. 

Whitehead was set free from Jefferson County Jail after posting a $330,000 bond in January and has been required to wear an ankle monitor since his release. 

In July, the former National Guardsman asked a judge to dismiss the charges against him, stating that his use of deadly force was justified as self-defense under Alabama state law, WBMA reported. 

A Stand Your Ground hearing for the alleged killer was supposed to take place on Thursday, but it has been rescheduled to December 7 at 9am, according to court records reviewed by the outlet.

The charges against Whitehead are still pending. 

Taylor Mills, Kimber's older sister, told the Daily Mail she and her family were shocked to learn that Kimber's alleged killer was trying to claim self-defense. 

Her older sister witnessed the moment Kimber was shot and said that because of that, she cannot go into too much detail on the case. 

'It's not self-defense in their eyes,' she said on behalf of her family. 

Kimber was the youngest of six, Taylor said. 

She added: 'All my family is doing is taking it day-by-day right now. With everything that’s going on in the news - and some of it’s false, some of it’s true. I can’t really talk about it, but my family can.

‘Ever since I had to make that phone call to my mom the night of, it’s been a rocky rollercoaster ever since. There’s some days I don’t want to get out of bed; I’m depressed, and I just sit here and cry over my sister because I just miss her so much. We all miss her. We really do.’

The deadly shooting rocked the tight-knit community and left three other victims with severe injuries. 

Silas McCay, 21, later told WBRC that he was shot 10 times while trying to protect his friends that night. 

'I tried everything I could. I wish there was more I could've done,' McCay said of Kimber from his hospital bed.

McCay said the violence began after he and another man confronted Whitehead, who he claimed was attempting to talk to Kimber before a fight broke out.

'My ex-girlfriend came up to me at the party and said he was trying to do stuff to this girl named Kimber,' McCay told the outlet. 

He continued: 'My buddy and I found him, and we started fighting him. I grabbed him and put him over my shoulder and had him on the ground. My buddy pulled me off him, and that's when he pulled his gun out and started shooting.'

McCay and another man, Hunter McCullouch, 19, were later charged with third-degree assault in connection with the altercation before the shooting.

Authorities have not alleged that either man fired a weapon. 

An unidentified 18-year-old male and 20-year-old female were also injured in the shooting. 

Kimbers was rushed to UAB Hospital in Birmingham after being shot in the head and leg, according to Trussville Police Chief Eric Rush.

Doctors fought for days to save her, but the injuries were catastrophic.

Hundreds of people lined the corridors of UAB Hospital as Kimber's bed was wheeled through the hallways.

Nurses, doctors, friends and strangers stood shoulder to shoulder, many in tears.

Kimber was a cheerleader and track athlete, known for her smile and her enthusiasm. She planned to attend the University of Alabama this year and dreamed of becoming a nurse. 

Taylor said she was accepted to the school just before the shooting, and that it was a dream she shared with their late father, who died in 2021 of Covid pneumonia. 

'And he never got to experience college, and he said: “Go to college Kimber, do what you want. Make yourself a life. Don’t depend on anyone; work so hard for the life that you want for your future”. And that’s what she did,' Taylor recalled. 

Her other sister, Ashley Mills, previously said of her late sister: 'She had a little spunk to her step.' 

At a candlelight vigil on the football field at Cleveland High School, Ashley told mourners: 'We shouldn't be burying our little sister. It should be the other way around. It's supposed to go from oldest to youngest not youngest first.'

'She wanted to do things that I wanted to that I wasn't able to, like be a nurse, help people and that's exactly what she was trying to do that night… just help.'

Ashley also said that her sister had never met Whitehead before the party.

'He was trying to hit on a girl there and give her things that she didn't want,' Ashley said. 'We hope he gets what he deserves.'

But after hearing that he was freed from jail on bond, Ashley shared her fear online. 

'That's just more anxiety for me knowing he's out. I'll stay home. Justice for Kimber! That's all we want.' 

Taylor said she will be at the hearing in December.