Montana Supreme Court upholds conviction in attempted homicide of MHP's Johnson
SCOTT SHINDLEDECKER | Hagadone News Network | UPDATED 2 weeks, 3 days AGO
HELENA – The Montana Supreme Court affirmed the conviction of Jason Allen Miller for the attempted homicide more than three years ago of Montana Highway Patrol Trooper Lewis Johnson.
Montana Attorney General Austin Knudsen announced the ruling in a Sept. 3 press release.
Miller attempted to mitigate his actions during a June 5, 2024, sentencing hearing when he spoke of his youth, being adopted, going to prison for drug use and learning from his birth mother that he was conceived of rape when she was 13.
“I can’t change what happened and my heart and apologies go out to Trooper Johnson,” Miller said. “I thank Jesus every day he’s alive, but I am not guilty of attempted murder or kidnapping. If I’d simply pulled over, he’d still be able to walk.”
But the career criminal didn't waste any time in filing an appeal of his April 2024 conviction for running over and seriously injuring Trooper Johnson in February 2023. Less than two months after his sentencing, Miller, via attorney Joseph Howard, filed a notice to appeal July 31.
During the appeal, Miller argued that the court abused its discretion by allowing law enforcement officers to attend trial in uniform, that Miller received ineffective assistance from his attorney and that the court abused its discretion by admitting a photograph of the crime scene. However, the court agreed with the Attorney General's Office that he received a fair trial.
Flathead County District Court Judge Danni Coffman, sitting in for Lincoln County Judge Matt Cuffe due to the fact he had overseen one of Miler's previous court cases, ruled that given the nature of the case and that the jury could have reasonably interpreted the officers’ presence as showing support for Trooper Johnson rather than perceiving their presence as intimidation or show of force.
“I am relieved and glad to report the Montana Supreme Court sided with us on this case. It is a testament to the great work of our Montana Department of Justice prosecutors and appellate lawyers,” Attorney General Knudsen said. “I hope this decision brings Trooper Johnson and his family some peace as they have shown incredible bravery throughout this entire process. Justice has been served.”
In June 2024, Miller was sentenced to life without parole after he was found guilty of five felonies: attempted deliberate homicide, criminal endangerment, criminal mischief, criminal possession of dangerous drugs, and aggravated kidnapping. Miller also owes the Johnson family more than $75,000 in restitution and over $1.2 million to the State for Trooper Johnson’s care, treatment and trial expenses.
The case was prosecuted by Assistant Attorney General Thorin Geist and former Assistant Attorney General Selene Koepke. The State was represented on appeal by Assistant Attorney General Katie Schulz.
Information in Lincoln County court documents indicates Miller has stolen from his parents, neighbors and two local fire departments. Miller has served time in the Montana State Prison as well as various Department of Corrections facilities in the last two decades.
The first case against Miller began in 2000 when a man with a summer home in the West Kootenai area said seven firearms and a pair of night vision goggles were stolen from his residence. Miller later told authorities he stole the guns, worth about $2,600, with the plan to sell them.
Miller then decided not to sell the firearms when he saw the victim in town and became afraid. Miller said he took the guns and threw them off the Lake Koocanusa Bridge into the lake. In Oct. 2001, Miller pleaded guilty to theft. He received a two-year deferred sentence.
Not long after being sentenced, Lincoln County authorities filed a petition to revoke his sentence on Feb. 14, 2002, after state Probation and Parole officers said Miller traveled out of Montana to Sandpoint, Idaho, Spokane, Washington, and Portland, Oregon, without permission. He also tested positive for using meth in January 2002 and was accused of committing another burglary.
The 2002 burglary charge originated when Miller was accused of throwing a log through the window of a residence on West Kootenai Road. He entered the home through the window and stole 12 pistols and four rifles. Miller’s parents also suspected him of stealing several silver coins and a compound bow from their home.
After being arrested, Miller admitted taking 14 guns to Spokane to pay off a bad drug debt. Miller also said he stole the items from his parent’s home and sold them at pawn shops in Northwest Montana. Miller was sentenced to 10 years with six suspended. On Jan. 10, 2005, he was released from Crossroads Correctional Center in Shelby.
In April 2011, Forest Service law officers reported finding Miller having sex with a woman in a parked car. She allegedly had pipes for smoking marijuana and prescription medication in her possession. In February 2012, another alleged probation violation was reported. It said Miller used meth and still hadn’t paid more than $1,500 in restitution to his crime victims. Miller did pay the restitution, but he ended up receiving five years in custody.
A 2012 traffic stop with his wife and a 6-year-old child in a truck Miller was driving resulted in a meth possession charge. He received a five-year suspended sentence.
Another case in 2012 saw Miller accused of stealing gear and equipment from the West Kootenai Fire Department and Fisher River Valley Fire and Rescue. Miller was a member of the West Kootenai department at the time and he was also loaned gear while helping fight wildfires with Fisher River.
The case was pleaded to a misdemeanor and Miller was sentenced to six months in the Lincoln County jail. He also had to pay more than $2,600 in restitution. Court records indicate Miller did complete various treatment programs while in custody.
In April 2018, authorities filed another petition to revoke the five-year suspended sentence after Miller was arrested in Missoula while allegedly driving a stolen vehicle. Between Aug. 31, 2017, and April 2, 2018, Miller had seven positive tests for using meth, according to court documents. He was then sentenced to five years in state prison.
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