The question of if probation for Sam Miller will be revoked or not remains up in the air, but a bond motion was denied in Christian Circuit Court Thursday morning.
Miller is 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, and he 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 and he was granted shock probation in August of 2017.
Miller allegedly violated conditions of his probation when he was arrested for DUI on Fort Campbell Boulevard in Oak Grove April 2021 and later tested positive in June of 2021 for alcohol in his system and that preceded his arrest for probation violation.
Judge Atkins revoked his probation in July of 2021, and then attorney Bill Deatherage appealed that decision, which was then vacated and remanded back to Christian Circuit Court for new consideration.
It’s now in front of Judge Atkins for reconsideration, but a writ of prohibition has been filed that may ultimately keep him from presiding over the case, depending on the ruling of the Court of Appeals. Defense attorney Michael Thompson requested a bond modification in the meantime, saying he is not a flight risk and he shouldn’t be in jail presently.
Special prosecutor Ramsey Dallam argues Miller has shown he struggles to comply with probation restrictions and is facing serious jail time if revoked.
Judge Atkins denied the motion for bond modification and set another hearing for November 9, with the hope a ruling will be heard from the Court of Appeals at that time.