Back behind bars

Published 8:00 am Wednesday, July 25, 2018

Former Tryon commissioner being held in federal custody

TRYON — After testing positive for cocaine and being arrested for larceny and resisting a public officer, former Tryon Commissioner Roy Miller’s federal bond was revoked this week.

Miller appeared in federal court Monday morning, where Judge Dennis Howell revoked his bond. Miller has been out on bond twice since he was federally charged in April 2017 with conspiracy to commit federal program fraud, federal program fraud, extortion under color of official right and witness tampering.

Roy Miller

“LeRoy Miller had his presentence release revoked [Monday morning] by Judge Howell,” said Lia Bantavani with the U.S. Attorney’s Office Western District of North Carolina. “His revocation was based on his committing a new crime (shoplifting) while on release, and failure to report his arrest to his PO (probation officer).”

According to documents on pacer.gov, which includes federal cases, Miller was released on April 12, 2017, on a $25,000 unsecured bond. Miller was arrested on April 2, 2018, after his probation officer reported in March that Miller tested positive for cocaine from a urine sample.

“On March 26, 2018, the probation officer confronted defendant who stated he took a substance given to him by a friend on March 18, 2018, but thought it was pain medication,” states the order in the United States District Court. “On March 30, 2018, the probation officer again visited defendant. Defendant confirmed that the substance given to him contained cocaine.”

Miller was arrested on April 9 and appeared in federal court on April 13 for his bond revocation hearing. Federal documents say Miller admitted to the allegations contained in the violation report.

Miller’s bond was revoked on April 16, and, on April 20, Miller pleaded guilty to two of the bills of indictment. The court entered a $25,000 unsecured bond and terms and conditions of pretrial release.

The conditions of Miller’s release included that he not violate any federal, state or local law while on release, and that he report as soon as possible to the pretrial services office or supervising officer any contact with any law enforcement personnel, including, but not limited to, any arrest, questioning or traffic stop.

An arrest warrant was issued for Miller on July 3 based on Miller being arrested by the Columbus Police Department for larceny and resisting public officer. Miller’s arrest in Columbus was for allegedly stealing candy bars from the Columbus BP on June 22.

“During the hearing, the court inquired into the details and it appeared that defendant had stolen candy bars from a store and had been caught on tape,” states the federal court order. “When questioned about the larceny by law enforcement, defendant had denied the allegations.”

Court documents said Miller was arrested on June 24 in Polk County and never reported the law enforcement contact with his probation officer or the probation office.

Miller has been held in federal custody since his federal arrest for violating his pretrial release on July 12.

Monday’s hearing in Asheville found that there is probable cause to believe that Miller has committed a federal, state or local crime while on release or clear and convincing evidence that Miller violated any other condition of release; and finds that there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community; or the person is unlikely to abide by any condition or combination of conditions of release.

“The court believes that based on the defendant’s actions, it is unlikely that defendant will abide by any condition or combination of conditions of release,” states the federal court order.

It was ordered that the unsecured bond, terms and conditions be revoked, and that Miller be detained pending further proceedings.

A sentencing hearing has not yet been scheduled for Miller’s guilty plea.