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Miller enters plea of not guilty by reason of insanity

Amber Gillenwater agillenwater@civitasmedia.com

3 months 25 days 14 hours ago |13 Views | | | Email | Print

GALLIPOLIS — Following a status hearing earlier this month in the case against a man facing a charge of attempted murder as a result of an officer-involved shooting in 2012, a plea of not guilty by reason of insanity has been entered.


Cole C. Miller, 29, Gallipolis, through his retained counsel, Samuel Shamansky of Columbus, entered a not guilty plea by reason of insanity on December 11, and, in an entry filed last Thursday, the court has ordered a psychological evaluation of the defendant to determine, if at the time of the incident, Miller did or did not know the wrongfulness of his actions.


Miller stands accused of attempted aggravated murder, three counts of felonious assault, one count of obstructing official business and one count of resisting arrest following the events of September 24, 2012.


Miller was arrested during the early morning hours of September 24 after he fired upon a police officer who had responded to his residence on McCormick Road in reference to a neighbor dispute.


Reportedly, Miller had confronted his neighbor, and, prior the arrival of the officers, had shot a car belonging to the neighbor.


Despite the fact that Miller ‘s residence lies just outside of the Gallipolis City limits, Gallipolis City Police Officers were requested to respond to the scene by the only Gallia County Sheriff’s Deputy on call that night as he had been dispatched to assist other deputies who were on the scene of an active methamphetamine lab — a lab that had been discovered in the southern portion of the county earlier that evening.


As the deputy quickly traveled north back toward McCormick Road, two Gallipolis Police Officers traveled to the Miller residence to respond to the call.


Upon their arrival, Miller allegedly refused to exit his residence, and as the sheriff’s deputy arrived on scene, the suspect reportedly fired shots at the three officers located outside his home.


Patrolman Jamie Bartels of the Gallipolis Police Department was wounded during the incident, receiving a gunshot wound to the arm, and was rushed to the Holzer Medical Center Emergency Room by a fellow city police officer who quickly arrived on scene after shots were fired.


Following the shooting, Miller exited his residence and surrendered to the officers remaining on scene and was taken into custody without incident.


Bartels was later transported to Cabell Huntington Hospital in Huntington, W.Va., where he subsequently underwent extensive surgeries.


Miller was previously evaluated and found competent to stand trial in this case following a court-ordered evaluation by the Forensic Diagnostic Center of District Nine earlier this year.


This examination, that was completed following a motion filed by the defendant’s then attorney, William Eachus, in November 2012, found that the defendant was “capable of understanding the nature and objective of the proceedings against him and capable of presently assisting in his defense.”


This newest entry, signed by Common Pleas Judge D. Dean Evans, directs the evaluation of the defendant and orders that the report filed by the examiner with the Forensic Diagnostic Center of District Nine shall “state the opinion of the examiner as to whether at the time of the commission of the offenses the Defendant did not know, as a result of a severe mental disease or defect, the wrongfulness of his acts.”


The report in regard to this evaluation to be performed on the defendant was ordered to be submitted to the court no later than 30 days after of the date of the order filed on December 19.


The existing bond of $1 million, 10 percent, was ordered to be continued in this case.


Miller is currently being held in the Southeastern Ohio Regional Jail in Nelsonville, Ohio.

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