Missed deadline could mean quashed appeal
Fayette County District Attorney Nancy D. Vernon said she filed the necessary court documents in an appeal of charges dismissed against Donald Miller – but did so a week after the deadline. Vernon said a brief arguing why several charges, including aggravated assault while driving under the influence, should be reinstated against Miller was filed with the state Superior Court on Wednesday. That is the day after Miller’s defense attorney, Samuel Davis, asked the high court to dismiss prosecutors’ appeal because they missed the May 1 filing deadline.
The brief is intended to show reasons that the Superior Court should reinstate the dismissed charges.
Vernon said she inadvertently got the dates mixed up, and worked to file the brief as soon as she was served with Davis’ motion.
She declined to comment on whether the missed deadline could have the appeal thrown out.
Miller, 61, of Fayette City allegedly ran into an off-duty state police trooper Jeffrey Jones along Route 51 on June 19, 2000. At the time, Jones, who was riding on a motorcycle, was on his way to the Uniontown barracks from his Elizabeth home to work a midnight shift.
Miller, police allege, left the scene of the accident after he hit Jones. He was apprehended a short time after the accident still driving his vehicle. Police allege he was intoxicated when he hit Jones, and a later blood test revealed his blood-alcohol content was .119 percent.
The legal limit for driving in Pennsylvania is .10 percent blood-alcohol concentration.
Jones spent 5 1/2 months in the hospital after the accident recovering, according to his family.
Miller was charged with aggravated assault while DUI, accidents involving death or serious bodily injury, DUI, duty to give information and render aid and other lesser charges. However, Davis argued that the court should dismiss the aggravated assault while DUI count because there was not enough evidence to support it.
Judge Gerald R. Solomon agreed, and dismissed that and other lesser charges.
Miller currently faces charges of accidents involving death or serious bodily injury, DUI and duty to give information and render aid.
Prosecutors appealed Solomon’s decision in January, asking the Superior Court to reinstate the dismissed charges. The Superior Court subsequently stayed Miller’s trial until that appeal was settled.
When prosecutors did not file their brief by the May 1 deadline set by the Superior Court, Davis filed a motion contending that their failure to do so prejudices Miller’s right to a speedy trial. He asked that the appeal be quashed or dismissed.