Jury convicts East Huntingdon man wounded in shootout with state police

A Westmoreland County jury on Wednesday rejected defense claims that an East Huntingdon man’s shootout with state police last year was covered up by investigators to shield authorities from allegations of improper use of force.

Jurors deliberated nearly five hours before returning 18 guilty verdicts against James R. Miller Jr., 63, in connection with the Jan. 28, 2024 shooting outside his West Overton home that left him wounded in the chest.

Prosecutors during the three-day trial contended Miller fired two rounds as police conducted a neighborhood canvass in response to a report of a bullet being shot through a nearby home’s attic skylight.

Miller was convicted of multiple felony counts of aggravated assault and shooting at police officers as well as related offenses that include simple assault and reckless endangerment.

The jury acquitted Miller of two counts of attempted homicide of the state police troopers, Brandon Gelet and Brandon Smith.

Assistant District Attorney Anthony Iannamorelli said the prosecution will seek mandatory 20-year sentences for Miller as a result of the convictions for shooting at both police officers.

Miller will remain in jail as he awaits a sentencing hearing that will conducted in about three months.

Defense attorney Jill Devine criticized the trial’s outcome.

“I think they got the first two (attempted homicide charges) right. Most likely we will appeal,” Devine said.

Gelet and Smith testified they attempted to speak with neighbors after a homeowner across the street from Miller’s residence reported hearing gunfire and that a bullet shattered an upstairs window.

Gelet told jurors there was no initial response when he knocked on Miller’s door and attempted to contact him through a web-based doorbell as loud music played over an outdoor speaker.

Gelet testified he looked in a window and saw Miller suddenly flip on the lights, grab an assault rifle and bust through a door to his porch to his yard and immediately fire two rounds at the officers.

Police returned fire but were not injured, both troopers told jurors.

Iannamorelli, during his closing argument, said video recorded by a dashcam in Gelet’s police cruiser, and shown during the trial, justified the troopers actions. He suggested defense claims of a cover up were offensive and not based on the facts of the case.

“This defense that was chucked at you is a game. This is their reputation,” Iannamorelli said of the defense’s theory of the case against Miller. “A ‘not guilty’ means you are saying the troopers are liars.

”They were much closer to death than they even realized.”

Miller did not testify during the trial. The defense presented one witness, a neighbor, whose home security camera recorded audio from the shooting that appeared to confirm the troopers’ testimony that they ordered Miller to drop his weapon before returning fire.

Devine argued the troopers’ testimony was not to be believed.

“They especially lied when they said my client shot first,” Devine said.

“My client did not have any murderous intent. All he did was come out with a rifle.”