North Manchester Man Sentenced In Incident Involving Gun, Drug Charges
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David Slone-dslone@timesuniononline.com
After spending over 180 days incarcerated on drugs and weapon charges, Mark Anthony Miller, 42, of North Manchester, likely won’t have to spend more than another six months in the Kosciusko County Jail after Circuit Court Judge Michael Reed accepted Miller’s plea deal Monday.
Reed found Miller guilty of possession of a narcotic drug, a level 6 felony, a lesser included offense of possession of a narcotic drug charged as a level 5 felony; and carrying a handgun without a license, a Class A misdemeanor. Under the plea agreement, charges of unlawful possession of a syringe and an enhancement to the misdemeanor were dismissed.
Miller entered a plea of guilty in the court Feb. 26.
For possession of a narcotic drug, Reed sentenced Miller Monday to 1-1/2 years in the Kosciusko County Jail, and another 1-1/2 years for the gun charge, with the terms to be served consecutively. One year will be suspended and Miller will be put on probation.
Miller will get 182 days of credit for time served, and with good time credit that will equal to 364 days. Reed said he had no objection to Miller serving the remainder of his sentence in work release if he qualifies.
He will pay a $100 fine, costs of the court action and a $200 interdiction fee. Miller also must get a substance abuse evaluation and strictly follow all probation department guidelines.
Reed also ordered Miller to transfer all rights of the firearm involved in the incident over to the Indiana State Police.
At Monday’s sentencing hearing, County Prosecutor Dan Hampton told Reed that “the case has identified for the defendant his definite need for rehabilitation.” The plea takes into the fact that Miller sees and accepts his need for treatment.
Miller’s attorney, Joseph A. Sobek, said Miller agreed with the state that he needs rehabilitation and he’s been pursuing that since the case happened. Not to excuse what he did, but Sobek said Miller was at a low point in his life at that time and was contemplating suicide.
In jail, Sobek said Miller attended chapel and Bible study, a narcotics class, GED classes when available and read a lot.
Miller had been a welder for 24 years and never had a trouble getting a job, Sobek contended. He does have a child, and is behind on his child support payments, but the sooner he can get a job he can get up on that support.
Asked by Reed if he had anything to add, Miller said his public defender “summed it up pretty good.”
On July 12, 2016, an Indiana State Police trooper was on Old 30 when he saw a white Buick going east. He checked the registration plate on the vehicle and saw it returned to a red Pontiac. The trooper followed the Buick and it turned into a long driveway that went into the woods. The trooper conducted a traffic stop and identified the driver as Miller, who said he had turned into the driveway to avoid the officer.
The trooper found Miller had an active arrest warrant from Wabash. Miller said he had a firearm in his pants pocket of his jeans that were in the front of the driver’s seat. The trooper removed the jeans from the vehicle, and under the jeans were several syringes and a metal spoon. In the pants pocket, the trooper removed a loaded .22 caliber revolver with the barrel missing.
On the floor in front of the driver’s seat police found three syringes, a plastic straw and a metal spoon with residue, which tested positive for heroin, a Schedule I narcotic drug.
In the backseat of the vehicle, the trooper found a purse containing one passenger’s identification, along with digital scales with a tan powder, three metal spoons with residue, plastic bag that contained a trace amount of white powder and a purple metal cylinder that contained a cellophane wrapper containing a piece of folded paper that contained a trace amount of heroin.
On Jan. 26, 2016, Miller was convicted of possession of a syringe, a level 6 felony, in Wabash County Superior Court.
