John Chiv: Jason Miller resolves both cases for a stipulated 25 year prison term

May 2, 2023

Jason Miller resolves both cases for a stipulated 25 year prison term

I previously reported that murder suspect Jason Miller's case was scheduled for a change of plea for today. Due to several reasons including Miller being COVID positive but not in quarantine at the jail, his hearing was continued to this afternoon. There were precautions taken, including masking and only allowing the attorneys on the case, media and Foley's family members in the courtroom. After the Miller plea, the courtroom was sanitized.

Judge Joyce Hinrichs just took Miller's plea in both the homicide case and assault case for a stipulated term of 25 years. Miller signed an immunity agreement with the DA and will provide law enforcement a statement to locate the remains of Kiera Lynn Foley.

The victim in the homicide case was Foley. The victim in assault case is convicted molestor Mark Dare.

Time was waived for sentencing which is on August 24. There is no Arbuckle waiver. Probation to wait until 7/1 to do pre sentence report.

Instead of murder, Miller pleaded guilty to a lesser charge in Count 1 but PC 192 (a) voluntary manslaughter for the maximum term of 11 years. He also admitted the special allegation of PC 12022.5 (a) personal firearm used during the commission a felony, Count 2 PC 245 (b) assault with a deadly weapon; a semi-automatic firearm. Count 5 was added in the homicide case but it pertains to the charges Miller pleaded to in the assault case. Count 5 is PC 245 (a) (4) assault by means likely to produce great bodily injury and special allegation of PC 12022.7 (a) which is a great bodily injury enhancement.

The immunity agreement with the DA indicates that Miller will give a truthful statement to law enforcement where to find Foley's remains. If the remains are not found, the plea agreement will be set aside and the case will go to trial. If the case goes to trial, the statement can only be used for impeachment purposes.

Ms. Andrea Sullivan is Miller's attorney. Deputy District Attorney Roger Rees is the prosecutor.