Jay Miller Sentenced to 17 Years for Drug Induced Homicide

Altamont resident Jay Miller has been sentenced to 17 years in prison for drug induced homicide.

The 23-year-old Miller was found guilty in June of the offense in the February death of 29-year-old Jessica James of Effingham. A jury found Miller guilty of securing and then delivering the heroin and that James died after ingesting the heroin.

Drug induced homicide is punishable by up to 30 years in prison. Effingham County State's Attorney Bryan Kibler sought a 25-year sentence while Effingham County Public Defender Scott Schmidt requested a term of between six and 10 years.

During the sentencing hearing, the defense presented testimony from Miller's grandmother and mother that he should receive a break on sentencing. Prosecutors presented information including an audiotaped interview conducted with Miller by city police investigators Aaron Lange and Tony Stephens where Miller acknowledged he was a heroin addict but denied selling drugs to others. However, there was information from the pre-sentence investigation conducted by the County Probation Department where Miller said some of his income is from acting as a middleman in drug transactions.

Miller spoke on his own behalf, saying he has remorse for Miller's death but said, "Jessica lived the same life I do" and said, "ultimately, the decision to use is our own, to stick that needle in our arm."  He said, "I know everyone is angry with me, but I'm not a drug dealer."

In imposing sentence, Judge Kimberly Koester stressed the deterrent factor as most significant; the hope that such a sentence will prevent others from choosing to sell drugs. The judge said she found no factors in mitigation in deciding Miller's sentence, but several factors in aggravation, including a number of prior convictions, several of which were felonies and many instances of failure to appear in court and revocations of probation. She noted four felony convictions for Miller in 2013 and 2014 besides this case.

Kibler said after the hearing that he hopes the sentence shows that heroin dealers will be held accountable. He added that if there is a silver lining to the case, Miller is off the streets and maybe it will deter others.

In his sentencing recommendation, Schmidt said his conversations with Illinois Department of Corrections officials indicate that at least five years' treatment is necessary to prove effective in getting addicts off drugs.

Judge Koester said her calculations indicate, if all possible good time provisions occur, Miller will serve more than 12 years in prison before his release.

Assistant State's Attorney Ralph Fowler, who handles many of the drug offense cases in Effingham County, noted a provision in the statutes for those who might be battling addiction or those who would like to help those individuals that Illinois statutes provide that someone who overdoses won't be prosecuted if less than three grams of heroin is involved, nor will those who contact authorities about the overdose so, if an overdose occurs, you're encouraged to get help for the person involved.

At the conclusion of the sentencing hearing, Miller's first appearance on counts of aggravated intimidation and aggravated battery in a public place was held. Those charges stem from an alleged attack on fellow inmate Christopher Miller during visiting hours at the Effingham County Jail earlier this month where Jay Miller used his handcuffs to strike Christopher Miller in the head, an injury that needed treatment at the hospital. Schmidt entered a not guilty plea on Jay Miller's behalf. The matter is next due in court on September 4.