McAlester News-Capital, McAlester, OK

Local News

August 11, 2008

18-year-old pleads no contest to misdemeanor drug charge

By James Beaty

The son of the district attorney for Pittsburg and Haskell counties pleaded no contest to a misdemeanor drug charge late Friday afternoon.

Michael Ethan Miller, 18, who is the son of District 18 District Attorney Jim Bob Miller, entered the plea before Special Judge Donnita Wynn at the Pittsburg County Courthouse.

The case had previously been set for the Aug. 26 disposition docket.

Latimer County Assistant District Attorney Ron Boyer served as prosecutor in the case, while Warren Gotcher served as the defense attorney.

During the Friday court action, Michael Ethan Miller pleaded no contest to a single count of possession of a controlled substance. He had been charged with having one tablet of Alprazolam in his possession on July 2 when he was arrested by McAlester police.

Through a plea bargain agreement, Judge Wynn deferred judgment and sentencing for six months, ordered Miller to take counseling, submit to a urine analysis and pay a $250 fine.

Wynn dismissed a second misdemeanor complaint of failure to wear a seat belt.

The charges had been filed by the District 18 District Attorney’s office following the arrest.

Oklahoma Attorney General Drew Edmondson’s office had later appointed District 16 District Attorney Jeff Smith to handle the case. Edmondson’s office made the appointment after District 18 First Assistant District Attorney Richard Hull sent a letter of recusal to the attorney general.

In the letter, Hull had said “I am requesting that our office be disqualified from farther involvement in the case due to the fact that the defendant is the son of the district attorney.

“To avoid the appearance of impropriety, this office’s recusal is necessary.”

Boyer is an assistant prosecutor for Smith, who has offices in LeFlore and Latimer counties.

Boyer is also a former Pittsburg County assistant district attorney.

Contact James Beaty at jbeaty@mcalesternews.com.

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