A 42-year old rural Tyrone man will have to wait until at least October 6 for his preliminary hearing related to charges in a DUI fatality last month.
The suspect, Dennis Jay Miller entered a not guilty plea in a DUI fatality case during an appearance in late August before Magisterial District Judge Fred Miller. At the time a preliminary hearing was set for early September. However, defense and prosecuting attorneys met the same day and rescheduled the hearing for this morning with the understanding it could possibly be continued again. A representative at Judge Miller’s office confirmed today’s hearing was continued and the Oct. 6 date was set with the hearing scheduled for 9 a.m.
The accused man had been arrested on a host of charges stemming from an incident early on the morning of Aug. 27 along Decker Hollow Road in Snyder Township. The incident claimed the life of 44-year old Anna Theresa Walk.
Miller was originally charged with homicide by vehicle while driving under the influence, reckless driving, recklessly endangering another person, DUI and other related offenses.
When Miller appeared in court for a Aug. 30 preliminary hearing, charges against him were withdrawn and then refiled with new charges of criminal homicide and aggravated assault added. The proceedings amounted to a new arraignment taking into account the new charges.
Miller retained Thomas Dickey as a defense attorney. Dickey objected to the addition of the criminal homicide charge. He said it was a nonbailable offense. Essentially, he argued it was being used as a way to deny bail to his client. He also indicated the refiled complaint showed nothing new that would justify the additional charges. Judge Miller noted the objection and allowed the new charges to stand.
Previously, state police said Walk was a passenger in a vehicle driven by Miller on Aug. 27. Police said Miller was allegedly driving under the influence of alcohol along Decker Hollow Road. Miller and Walk were involved in an argument and Miller abruptly stopped the vehicle broadside in the middle of the road. Walk got out of the vehicle and began to walk away. Miller put the vehicle in reverse and drove the car backward and swerved toward Walk. She was hit by the vehicle and run over by it.
In a follow up to their initial press release on the incident, state police said due to additional facts and evidence being discovered, as well as findings from the reconstruction of the accident scene, it was determined Miller’s actions were intentional, reckless and negligent versus just being accidental as had previously been alleged. A revised criminal complaint showed police have a witness in the case.
After his August court appearance, Miller was remanded to the Blair County Prison without bail.
