The attorney for Sam Miller, one of four men who took a plea deal for their involvement in the sexual assault of a 15-year-old male at a party on Lafayette Road in 2014, has filed his intention to appeal the revocation of Miller’s probation.
Miller entered a guilty plea in August of 2016 to complicity to wanton endangerment, complicity to tampering with evidence and distribution of matter portraying a minor in a sex performance. The deal came with a 13-year sentence, but it was noted Miller would be eligible to apply for shock probation after a year.
He was granted shock probation in August of 2017.
Miller violated conditions of his probation when he was arrested for DUI on Fort Campbell Boulevard in Oak Grove April 21 and he was charged in June for having an empty liquor bottle in his car when stopped for violating noise regulations.
He later tested positive in June for alcohol in his system and that preceded his arrest for probation violation.
Judge John Atkins revoked Miller’s probation in July and ordered him to serve out his sentence in custody.
Defense attorney Bill Deatherage filed a motion to vacate that decision, which was denied Wednesday morning in Christian Circuit Court, with Judge Atkins noting Deatherage has already indicated he’ll file an appeal.
Miller remains in the Christian County Jail.