Preston County Prosecuting Attorney’s office seeks forfeiture of $2K, drugs seized during arrest

KINGWOOD — The Preston County Prosecuting Attorney’s office is seeking the forfeiture of $2,404 cash and various drugs seized during an arrest last year.

The petition for forfeiture filed in December at the Preston Circuit Clerk’s office references the Oct. 17, 2018, arrest of Devin Robert Miller, of Kingwood.

The Dominion Post previously reported that Miller, 33, was stopped by Preston Sheriff’s Lt. T.E. Mitter, for failure to wear his seatbelt. During the traffic stop, Miller acted suspiciously and the car smelled of cat urine, which law enforcement agencies say is typical in the presence of meth.

A tax bill and cash were found in the glove box of the car, and Miller told the officer, “he was selling the methamphetamine and Xanax to pay back taxes,” according to the criminal complaint.

The forfeiture petition says about 16 grams of meth, 45 Xanax pills, a digital scale and weight, and small baggies were seized. The meth was individually packaged for sale, the petition says. Police found $1,404 in Miller’s wallet and $1,000 in the glove box.

“Upon information and belief, the above-described property is subject to forfeiture pursuant to West Virginia Code 60A-7-703. More particularly, the seized property is either illegal contraband in itself or moneys furnished or intended to be furnished for in violation of West Virginia Code 60A,” Preston Assistant Prosecutor Megan Allender wrote in the petition.

Miller was charged with possession with felony intent to deliver a controlled substance and released on bond.

State law requires the money to be divided among the prosecutor, to pay the court fees related to the filing, and into an investigative account. Preston Chief Deputy P.A. Pritt previously said the sheriff’s department uses that account for investigations into drug crimes.

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