Assistant Prosecuting Attorney for the State of West Virginia, Parker Basil, is preparing to bring witnesses to the stand on Wednesday, whose testimony might refute the defense’s argument that Miller was drunk at the time of the alleged attack and was not capable of delivering the forceful blows to the victim, Richard Turner.
Miller, 36, of Ridgeview, was indicted on charges of the premeditated killing of Richard Turner, of Julian.
According to the criminal complaint filed in the Magistrate Court of Boone County at the time of his arrest, Miller allegedly began beating Turner in the head and face with a wooden stick while at Turner’s home.
Injuries Turner received from the attack caused the man’s death, according to court documents.
During the course of the trial, the prosecution has called witnesses who have testified to the jury that the victim called Miller around midnight on the day of Turner’s death, July 4, 2008.
Officers testified to finding a safe inside Miller’s home, wherein a firearm was found. The weapon was registered to Ricky Bias, who claims that he had left the gun at the victim’s home earlier before the murder.
According to the complaint, Miller gave a confession to the crime to law enforcement officials.
At the time of the arrest, Miller was already on bond for malicious wounding and had amassed several charges of violent activity on record in the Boone County court system.
Deputy M.D. Foster, of the Boone County Sheriff’s Office was the arresting officer in 2008.
“We have numerous witnesses who will testify that alcohol makes him more violent,” Attorney Basil told the court.
“We will take a little time to call more witnesses,” he said. “We will not be resting.”
Defense attorneys Joel Baker, and Trent Redman, indicated to the court that they intend to call expert witness and State Lab chemist Bob White to testify as an expert in toxicology.
During the course of the defense’s questioning of the lead investigator, Senior Deputy Foster, it became evident that a test to document the level of Miller’s intoxication was never conducted.
“Is there a PBT in [the patrol]car?” defense attorney Trent Redman inquired of Foster.
“To my knowledge, we don’t even have a PBT at our department,” Foster replied.
“What do you do to see if a suspect is intoxicated during a routine traffic stop?” Redman queried.
“We take them to the Madison Police Department and test them on an intoxometer,” Foster said. “There were no tests.”
The trial is being heard by a 12-member jury consisting of two women and ten men with Judge Hoke presiding.
“It’s a long, hard process,” a member of the victim’s family shared with the Coal Valley News.
When asked to share a bit about the deceased, family members called Turner a good-hearted person who was good to anybody and stayed home most of the time. Turner worked at a nursing home at Camp Creek, where he tended to the needs of the elderly.
“He talked to the old and kept them company. If they needed their hair cut or nails cut, he would do that. He would sit and talk to them, read the paper to them and make ‘em a sandwich.”
“He sure didn’t deserve this. He’d give a homeless person a home if they needed it.”
According to the family, Turner had known Miller for approximately three months prior to that fateful night in 2008.
The lead investigator, Senior Deputy Foster testified that “It was a shocking scene,” and said he believed at the time of his initial investigation that the motive for the crime was robbery. At the start of the trial, the family said they, too, believe that robbery played a role in the motive of this crime.
To contact Joanie Newman call 304-369-1165 or email jnewman@coalvalleynews.com.
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