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, will once again appeal a decision to revoke his probation after the court upheld its prior decision to revoke.
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 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 he was charged that June for having an empty liquor bottle in his car when stopped for violating noise regulations.
He 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.
Then, on December 11, Judge Atkins ruled to uphold his prior decision to revoke that probation, and defense attorney Michael Thompson filed a notice of appeal on that order. He also entered a motion to withdraw from the case in Christian Circuit Court Wednesday and appoint the Department of Public Advocacy to handle the appeal, which the judge granted.
Judge Atkins also advised him to supplement the appeal notice with more information before he withdraws and to let special prosecutor Ramsey Dallam know of a date to argue for bond modification pending appeal.
Miller is currently incarcerated as his case goes back before the Court of Appeals.