The Dominion Post  

Post-conviction motions for Preston man

Created on:   Mon, Mar 5, 2018   6:07 PM

Last modified:   Mon, Mar 5, 2018   6:12 PM

The Dominion Post

KINGWOOD — The Preston circuit judge will review court documents before ruling on Kevin Miller II’s request for a new trial.

Last month a jury found Miller guilty of two counts of wanton endangerment in the 2016 shooting of his father and in endangering others who were present at the time.

In arguments March 5, Assistant Prosecutor Megan Allender sought to have Miller’s bond revoked. His attorney, Lisa Hyre, entered motions for acquittal and a new trial.

Allender said that Miller left the county Feb. 8 without notifying the home confinement officer. And on Feb. 22, although he doesn’t have a valid driver’s license, he waved at Preston Sheriff’s Deputies Lt. T.E. Mitter and Sgt. S.R. Mitter as he drove by them, Allender said.

Miller was cited for the driving violation but will not appear in court on the charge until April. Judge Lawrance Miller Jr. said he ruled on the home confinement violation in March -- refusing to revoke bond -- and declined to revoke Miller’s bond on the traffic citation.

Judge Miller said he will make a ruling on Hyre’s motions either in writing before sentencing or at the sentencing hearing.