Defense seeks dismissal of prosecution appeal
The attorney for Donald Miller, accused of hitting an off-duty state police trooper and leaving the scene, filed a motion to dismiss an appeal filed by prosecutors in the case. Attorney Samuel Davis asked the state Superior Court Tuesday to dismiss Fayette County District Attorney Nancy D. Vernon’s appeal to have dismissed charges against Miller reinstated. Davis’ motion contends that Vernon should have filed a brief supporting her argument to reinstate charges by May 1.
Her failure to file that brief is jeopardizing Miller’s right to a speedy trial on the charges that remain against him, according to Davis’ motion.
Miller, 61, of Fayette City, was charged with various offenses for allegedly hitting off-duty trooper Jeffrey Jones on June 19, 2000, along Route 51 in Perryopolis. Jones was on his way to work midnight shift the Uniontown barracks from his home in Elizabeth at the time of the accident. He was riding a motorcycle when police contend that Miller turned hit him, and then left the scene.
Police arrested Miller a short time later, still driving his car. His blood-alcohol level several hours after the accident was .119 percent. That is higher than Pennsylvania’s legal limit for driving of .10 percent.
Following the accident, Jones was in the hospital for 5 1/2 months recovering from brain injuries. He continues to recover physically and mentally.
Miller was initially charged with aggravated assault while driving under the influence of alcohol (DUI), accidents involving death or serious bodily injury, DUI, duty to give information and render aid and other lesser charges.
Davis won a dismissal on the Aggravated Assault While DUI charge when he argued that there was not enough evidence to support the charge.
Judge Gerald R. Solomon threw out that count – the most serious Miller faced – in January. At the prompting of James and Irene Jones, Jeffrey Jones’ parents, Vernon appealed Solomon’s ruling.
However, according to Davis’ motion, she did not file a brief stating her legal position on the matter.
He is asking that the appeal be dismissed or quashed based on that.
In the meantime, Miller’s case has been stayed by order of the Superior Court while the appeal makes its way through the court system. If the appeal is dismissed or quashed, the case could be listed for trial as early as next month.
Vernon could not be reached for comment.