May 3, 2003 By Jennifer Harr 4 min read

A state police corporal who questioned Thomas Miller II after his arrest for criminal homicide testified Tuesday that Miller told him Charles David Springer and Andrew King accosted him, prompting him to get a shotgun from his parents’ home. Cpl. John Tobin testified that Miller said he fired overhead once at the men, and when they kept advancing on him, he fired a second time, “a little bit lower.”

“I didn’t think I was aiming at them, just their vicinity, maybe just a little bit lower,” Tobin testified Miller said.

The shot hit and killed Springer, who died lying on a sewer grate along Ronco and Shortcut roads. A bullet also hit King in the chest. Miller is charged with criminal homicide, attempted homicide, aggravated assault and recklessly endangering another person.

Tobin, along with arresting trooper James Monkelis, questioned Miller after he was arrested in Cleveland, Ohio, on May 14, two days after the shooting.

He told police he fled the area after the shooting and admitted to stopping off in Morgantown, W.Va., to buy hair dye in an attempt to change his appearance.

Monkelis testified that during the interview, Miller, who had dark blond hair, said he dyed his hair and eyebrows black to disguise his appearance because, “I didn’t want to be caught.”

Miller told police that he saw Springer and King stopped in a Chevrolet Blazer near his parents’ home and asked them to leave.

“They (said they) was going to (expletive) me up. I had no clue why. I had no idea who they was,” Tobin testified Miller said.

Tobin testified Miller was not certain if the men were yelling at him or at his father, who was also outside, but said it did not matter.

“I’m not going to stand for them cussing my dad,” Miller reportedly told police.

Then, Miller told police that the men came toward him and assaulted him.

Monkelis told District Attorney Nancy D. Vernon that while Miller complained of pain after his arrest, he saw no signs of injury to his body. Monkelis also acknowledged under questioning by defense attorney Mark F. Morrison that police did not fully examine Miller’s body.

Miller, testified Tobin, said he ran into his parents’ home after he was assaulted and grabbed a 12-gauge shotgun. Miller told Tobin the men remained outside yelling obscenities at the house. Miller went back outside with the gun, but came around the back of the Blazer, testified Tobin.

There, Tobin testified Miller said he fired a warning shot up in the air and told the men to leave, but, “They just kept coming,” said Miller.

He fired the second shot just above their heads and then heard a scream and ran back to his parents’ home, testified Tobin.

“My mom was screaming that I probably hurt someone bad,” said Miller, who told police he picked up his son and fled to a neighbor’s home.

He left the child there, testified Tobin.

When he was caught in Ohio several days later, Tobin testified, he waived extradition to Pennsylvania and was brought back on May 15.

Charles Whipkey, the only non-police witness to take the stand Tuesday, testified that sometime in the early morning of May 12, Miller came to his Gates Road home.

“He was in pretty bad shape. He was crying and said he’d just shot someone,” testified Whipkey.

Miller was there a short time, testified Whipkey, and then left on foot. Later, Whipkey testified he found wet clothes in his home that matched the clothing Miller was wearing when he came over.

Although Vernon asked Whipkey if any of his clothing was missing, he said he could not recall.

Testimony in the case will pick up this morning before Judge John F. Wagner Jr. when prosecutors are expected to present forensic pathologist Dr. Cyril Wecht. He is their final witness.

After Wecht, Morrison will give his opening statement since he reserved the right to do so after prosecutors finished with their case.

During a discussion Monday outside the presence of jurors, Morrison indicated that he hoped to advance a self-defense theory of the case.