Clay County Sheriff’s deputies arrested 37-year-old Jason S. Miller of Edgar March 18, on three offenses; he had his second court appearance April 8, in Clay County.
During Tuesday’s preliminary hearing, Clay County Deputy Mitch Meyer served as a witness for the state—represented by Jared R. Brown—and recounted the events of March 18.
That evening, deputies Meyer and Matthew Veit responded to a call from an off-duty sheriff’s deputy, who resides about one block from Miller, stating Miller’s wife contacted him. She said Miller was experiencing mental health issues, was making comments about injuring/killing himself and law enforcement, and was heavily armed.
Meyer and Veit staged their vehicles one block from the Miller’s house to wait for another unit to arrive and figure out a plan.
During this time, Mrs. Miller was safe at the off-duty deputy’s house, but Meyer noted she had injuries, including a scratch on her chin that was bleeding and other red marks and scratches.
In talking with Mrs. Miller, Meyer learned Miller had thrown her to the ground after she attempted to stop him from putting a ladder out a two-story window, and then proceeded to choke her.
The couple’s child was not home during the event.
After speaking with Miller on the phone, Meyer and Clay County Deputy Dillon Hall went to the Miller’s house and found Miller outside the home. Meyer said Miller appeared calm and informed deputies he [Miller] had a concealed gun on him.
Meyer later reported Miller denied making any threats to committing harmful acts against his wife, himself, or law enforcement.
The two deputies talked to Miller first to de-escalate the situation and eventually removed the concealed gun from an appendix holster on Miller.
Several guns and other weapons were found inside the home, placed in “strategic” manner, according to Meyer.
This included AR-15s, a shotgun, and several knives of all sizes. Meyer also noted there was stacked ammo and magazines throughout the home.
During the state’s questioning, Meyer noted the positioning of the weapons was out of the ordinary, and per Mrs. Miller’s observation, said those weapons were not normally placed in those positions, especially in a home with a child.
Mrs. Miller also informed deputies that Miller caused heavy damage to the home, including breaking items and punching holes in walls using a shotgun.
A video recording shown to Meyer by Mrs. Miller viewed Miller using an AR-15 as a bat, swinging it around and breaking items.
Several weapons, including guns and a variety of knives, were removed from the home that evening.
During questioning by Miller’s attorney Gage R. Coff, Exhibit One: Meyer’s affidavit, was entered into the court. Coff asked Meyer to look through the affidavit to confirm he did not state that Miller said he would shoot law enforcement, only that he would “kill anyone who came there that night,” as noted by Meyer in his opening testimony.
Coff also asked Meyer if at any time had Miller pointed or directed a gun at anyone, and Meyer said no.
Meyer confirmed he did not state that Miller specifically said he’d “shoot” anyone.
On redirect from the state, Brown asked if the wife placed any of the guns, to which Meyer said Mrs. Miller said she had not.
On recross, Coff noted deputies did not have their guns drawn, did not use any shields, and did not make Miller get on his knees.
Meyer reiterated that they were doing everything to de-escalate the situation and keep everything as calm as possible.
Miller was arrested March 18 on three counts: Count 1—Terroristic Threats, Class IIIA Felony, with a maximum sentence of three years imprisonment, $10,000 fine or both; Count 2—Use of a Deadly Weapon (firearm) to Commit a Felony, Class IC Felony, with a mandatory minimum of five years imprisonment and a maximum of 50 years in prison; and Count 3—Domestic Assault Third Degree, Class I Misdemeanor, with a maximum of one year imprisonment, $1,000 fine or both.
As Miller is a former Clay County Sheriff’s Officer, he was booked in the Hamilton County Jail in Aurora.
During his first court appearance March 25, a $250,000 bond at 10 percent was set.
At the April 8 hearing, Coff said that Miller’s actions did not meet the level of a felony, and asked County Court Judge Michael Mead not to bind Count 2 over to district court as a felony.
Coff also asked for a bond review hearing. As of Tuesday, Miller has not posted bail. Coff said Miller has some underlying mental health issues that he [Miller] wants to address, but is unable to do so in custody.
He asked that the court lower the bond, as Miller’s family can “come up with five to $10,000.”
Brown said the state asked that the bond stay as is.
“This was more than just a bad night,” Brown said, further noting the Hamilton County Jail has a mental health practitioner come to the jail twice a month, and those in custody can use their own money to bring in their own counselors.
Judge Mead denied the bond reduction and bound Counts 1 and 2 to the district court. Count 1 was bound over after Miller waived his right to a preliminary hearing.
Count 3 was dismissed without prejudice.
