Jay Miller Agrees to Additional Three-Year Sentence

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Published on September 24 2014 10:07 am
Last Updated on September 24 2014 10:34 am
Written by Greg Sapp

Jay Miller of Altamont, already serving a 17-year sentence for drug induced homicide, pleaded guilty Wednesday to a count of aggravated battery in exchange for an additional three-year prison term.

The aggravated battery count stems from an incident in Effingham County Jail on July 19 when Miller struck fellow inmate Christopher Miller in the head with the handcuffs he was wearing, spat in his face, and called him a "snitch". Christopher Miller testified in Jay Miller's drug induced homicide trial.

The three-year sentence will be served once the sentence for drug induced homicide is completed.

Originally, Jay Miller was slated to plead guilty to a count of aggravated intimidation, but Judge Allan Lolie worried that a plea to that charge would require a lengthier sentence. The judge said the charge carries some of the same elements of earlier offenses committed by Miller, meaning he would be eligible for a Class X sentence, which requires a minimum six-year prison term. Miller then agreed in court to plead guilty instead to the aggravated battery count, which Effingham County State's Attorney Bryan Kibler said would still achieve the three-year sentence for Miller he was seeking.

In the meantime, Effingham County Public Defender Scott Schmidt confirmed Wednesday that he has filed notice of appeal to the 5th District Appellate Court of the proceedings in the drug induced homicide trial. Schmidt had appealed Miller's sentence earlier, but that appeal was denied by trial judge Kimberly Koester. Schmidt said it could be up to a year before the appeal is considered.

Also, Christopher Miller is due back in court November 3 for a petition to revoke his probation on felony counts of home invasion and residential burglary. A pre-trial hearing is set for October 29.