Cops and Courts, News

Preston man who shot his father, sentenced to 5 years

KINGWOOD — Kevin M. “Big Cat” Miller II was sentenced to five years in prison Thursday for his conviction on charges he shot his father.
Miller II, 28, of Newburg, was convicted by a jury in February of two counts of felony wanton endangerment: One for shooting his father in the back, and one for endangering others who were present during the incident at his parents’ home.
Senior Status Judge Lawrance Miller Jr. sentenced Kevin Miller II to five years for each of the convictions, to run concurrently. He also ordered that Miller II receive treatment for post traumatic stress disorder, while in prison, and ordered him to pay court costs.
Kevin Miller II had no comment at the sentencing. Possible sentences for wanton endangerment are one to five years in prison or up to one year in jail and/or a fine of $250-$2,500.
Preston Assistant Prosecutor Megan Allender asked the judge to make the sentences consecutive.
“The best way to predict future behavior is by the defendant’s actions in the past,” Allender said.
She cited instances when Miller failed to appear on time for court, had to be brought to court by his attorney and tested positive for meth. He has never admitted he has a drug abuse problem, she said.
Defense attorney Lisa Hyre said there’s never been evidence presented that Miller has a drug abuse problem. The drug test had a false result, she said, because Miller was taking cold medication, and a test at a private clinic didn’t show the same result.
“He has no drug history whatsoever,” Hyre argued.
Miller has been in the Tygart Valley Regional Jail since March 29, when he was arrested on charges of receiving or transferring stolen property, being a convicted felon in possession of a firearm and driving on a suspended license.
Hyre argued that there is no evidence he knew the UTV he bought was stolen and that the gun was an antique that couldn’t be fired.
Hyre said an appeal is in the works.