An East Huntingdon man, convicted last fall of firing shots at two state police troopers, was sentenced Tuesday to serve up to 44 years in prison.
James R. Miller Jr., 63, declined to speak and presented no witnesses on his behalf during the court hearing in which prosecutors said his actions should result in what amounts to a life sentence.
“But for these two young men’s heroic actions there would be two knocks on doors and two caskets,” said Assistant District Attorney Anthony Iannamorelli.
Following a three-day trial in September, a Westmoreland County jury convicted Miller of 18 charges, including multiple counts of aggravated assault, assaults against law enforcement officers, simple assault, reckless endangerment and firing a weapon into an occupied structure. Jurors acquitted Miller of two counts of attempted homicide.
Prosecutors said Miller fired two rounds as police attempted to question him on Jan. 28, 2024, about a report from neighbors that shots were fired into their West Overton home. Troopers Brandon Gelet and Brandon Smith testified that while canvassing the neighborhood they attempted to question Miller.
The troopers said they approached a side porch of a home where loud music played over an outdoor speaker, announced they were police, and attempted to contact the occupant through a video doorbell. Miller, they said, did not immediately respond and later came out of the door with a weapon in hand and fired two shots in the troopers’ direction.
Neither trooper was wounded.
In a letter read aloud in court on Tuesday, Smith said he continues to deal with the ramifications of the shooting.
“When Mr. Miller emerged from his residence I knew we were in immediate danger,” Smith wrote. “Being deliberately targeted with a firearm is something no one can really prepare for.”
Prosecutors asked that Miller serve lengthy consecutive sentences that totaled up to 107 years in prison.
Westmoreland County Judge Scott Mears imposed two consecutive sentences totaling 22 to 44 years in prison. The judge said Miller, who was given credit for the nearly two years he served in jail since his arrest, won’t be eligible for parole for at least two decades.
“He is 63 now and he will not have the possibility of parole until he is 83 years old. In cases like this the average time spent in prison is about three-fourths of the sentence. He may be paroled or he may not be paroled some day,” Mears said.
Defense attorney Jill Devine challenged the conviction.
At trial, Devine argued Miller was the victim of a police coverup, claiming that troopers concocted their testimony to shield themselves from allegations that they conducted an improper investigation and were not justified in shooting and wounding Miller during the incident. Miller sustained a chest wound when he was hit by at least one round fired by police.
Devine claimed the jury verdict was not supported by the evidence presented at trial and said police should have waited until the next morning to investigate the neighbor’s claims of shots being fired at their home.
The judge disagreed.
“I was surprised by the litigants’ strategy in this case of apparently attacking the credibility of these officers. It did not go over well with these jurors. These troopers did act heroically that night and I completely disagree they should have waited to investigate the next day. Are you kidding me?” Mears said.
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