CLARKSBURG, W.Va. — A convicted murderer in Harrison County will be subject to addition time in prison after his probation relating to a previous crime was revoked.
Shane Andrew Miller, of Lumberport, received 7-48 years on two counts of daytime burglary and one count of second degree robbery dating back before he was arrested in April 2014 for the murder of Darrel Lynn Golden.
During Tuesday’s hearing set before Judge James A. Matish, the defense attempted to argue that probation should not be revoked.
Attorney Perry Jones claimed that the petition filed by the state coming well after the 2014 arrest indicated it was done with prejudice against his client.
He offered that revocation would be taken off the table if Miller had agreed to a plea deal in the murder and conspiracy case.
“If he had taken the plea, then presumably this would have never been filed,” Jones said.
However, the state pointed to a case before the state Supreme Court of Appeals from the mid-80s dealing with similar circumstances in which no prejudice was found and delaying the revocation of probation utilizing proper criteria is not a violation of a defendants rights.
Not wanting to essentially try the murder case twice –once for revocation and once on the actual murder charges– was the reason offered by Assistant Prosecutor Laura Pickens as to why the state didn’t file for revocation sooner.
Judge Matish eventually agreed with the state’s assessment, adding that bail was never initially set for Miller in the burglary and robbery charges, and dismissed the defense motion to dismiss the petition.
Only two witnesses were called to the stand Tuesday morning, both by the state.
The chief deputy for the office of the circuit court positively verified that the trial and sentencing orders against Miller were legitimate.
Janis Leckenbusch, the Adult Probation Officer for the 15th Judicial Circuit that handled Miller’s initial case and filed a report in the murder case, was also called to the stand.
She was asked by the state to show that after Miller discharged a one-year grand larceny sentence and was deemed suitable for probation after then completing the Anthony Center program, he was late on some of his court-ordered payments, had logged none of his 100 hours of community service and had been accused of a felony during the 10 months he was under her watch.
An attempt to argue that Leckenbusch did not adequately identify Miller by Jones on the grounds she did not verbalize the official documentation that would show the individual charged with burglary/robbery was the same charged with murder was not accepted by the court.
Matish ruled that while the delinquent fines were not proper grounds for revocation, the lack of community service and being charged with a felony were.
He issued sentences of 1-15 years each for the daytime burglary charges and 5-18 years on the burglary charge.
The defense attempted to persuade the court to run the sentences concurrently to one another and to the sentences issued in the murder trial — life with a chance at parole in 15 years, plus five years on the conspiracy charge.
“I don’t know if that makes much sense,” Jones said.
Pickens countered that because the crimes were separate, so should the punishments.
Matish sided with the state and ruled the sentences run consecutively, but the he be given credit for some of his time already served.
Miller was also punished with the cost of the proceedings and the delinquent fees.