May 19, 2002 By Jennifer Harr 2 min read

Fayette County District Attorney Nancy D. Vernon said Friday the state Superior Court will allow her to appeal a court decision that dismissed certain charges against Donald Earl Miller, accused of hitting an off-duty state police trooper while driving under the influence of alcohol. Miller’s attorney, Samuel Davis, filed a motion to have the appeal dismissed because prosecutors missed the deadline to file a brief in the matter.

But Vernon said the day after prosecutors turned in the brief, the Superior Court dismissed Davis’ motion and excused the commonwealth’s delay in filing.

The brief, intended to show why the high court should reinstate some charges dismissed in Miller’s case, was filed one week late.

Miller, 61, of Fayette City allegedly hit state police trooper Jeffrey Jones along Route 51 on June 19, 2000, and then fled the scene. Police charged Miller with driving under the influence of alcohol (DUI) and related offenses, claiming that his blood-alcohol level was .119 percent, slightly over the state’s .10 percent legal intoxication limit.

As a result of the accident, Jones spent 51/2 months in the hospital. He continues to recover.

In a pretrial hearing, Davis successfully moved to have the most serious charge against Miller, aggravated assault while DUI, dismissed. Judge Gerald R. Solomon ruled there was not enough evidence to support that and other lesser charges.

Miller remains charged with DUI, accidents involving death or injury and duty to give or render aid.

At the urging of Jones’ parents, Vernon appealed Solomon’s dismissal of the most serious charge.

When the brief in that appeal wasn’t filed on time, Davis contended that prosecutors were jeopardizing Miller’s right to a speedy trial on the remaining charges and asked for their appeal to be quashed or dismissed.

“By the time the court heard (Davis’) motion to dismiss, our brief and reproduced record were filed,” said Vernon. “The motion to dismiss was denied by the court two days after it was filed. The court excused our delay in filing. The case continues to proceed as normal.

With the dismissal of Davis’ motion, the high court will now go on to rule if its should reinstate the charges Solomon dismissed.