Judge rejects effort to dismiss charges against East Huntingdon man injured in police shootout

A Westmoreland County judge has rejected defense calls for dismissal of charges against an East Huntingdon man wounded by Pennsylvania State Police in an exchange of gunfire last winter.

Defense attorney Jill Devine during a court hearing Tuesday contended there was no evidence James R. Miller Jr. intended to kill troopers who sought to question him about gunfire reported by neighbors. At least one round shattered a window of a home next door.

Miller, 61, is awaiting trial on 21 counts including charges of attempted murder, aggravated assault, reckless endangerment and other charges related to the shooting last Jan. 28. Miller suffered a chest wound from fire returned by state police officers.

“They can’t prove intent,” Devine argued following a daylong hearing before Westmoreland County Common Pleas Judge Scott Mears in an effort to win a dismissal of the charges.

The defense contends Miller, who, according to the defense, is a previous victim of an attempted murder, believed he was in danger. Police said he fired shots from an assault rifle as two state police troopers investigated the earlier reports of gunfire near the home on Route 819 across from West Overton Village.

Police had approached Miller’s home as part of what officers said was a routine canvassing of the area based on the earlier complaint.

Mears ruled the prosecution’s evidence against Miller is enough to allow the case to go to trial. The trial is tentatively scheduled to begin in September.

Trooper Brandon Gelet testified Miller did not respond to repeated knocks on his front door and was spotted through a window as he grabbed a rifle and went outside on the front porch as loud music played inside the home. Miller fired two rounds away from the troopers as he exited the house, police say.

“We yelled to drop the rifle as he started to pivot toward us when we discharged our weapons. He was holding his gun at waist level and fired two rounds in front of him. He’s firing south,” Gelet said, noting the troopers were east of Miller’s location, having retreated from the front door area.

Trooper Jeffrey Summits testified Miller was questioned in his hospital room two days later and claimed he did not remember the shooting. Miller, the trooper said, contended he received threatening calls earlier that night and admitted he fired other rounds at a truck parked behind his home after he returned home from a local bar.

Assistant District Attorney Anthony Iannamorrelli said Miller’s statement constituted a confession.

“He said he didn’t recall the shooting, but he did relate he didn’t hold them (police) accountable,” Iannamorelli said.

Miller, who is in jail without bond, did not testify during Tuesday’s hearing.