Sufficient evidence exists for the attempted murder charge filed against Warren Miller to proceed, a judge ruled Friday, Nov. 19.
Miller is accused of choking his estranged wife unconscious on Aug. 4. When Delta police responded to calls for help from the couple’s landlord and neighbor, they had to force their way into the home with a sledgehammer the landlord provided.
Inside, they found Miller on top of the woman, who was facedown and appeared dead, then-Officer Bradley Bardessona testified during an October preliminary hearing. “There was no life,” he said.
He testified that he and other officers got Miller off the woman as Miller fought them. The woman was not breathing, Bardessona also testified; however, she soon took a breath and started coughing.
Later at the hospital, the woman told officers Miller had been arguing with her over their impending divorce and attacked her as she crossed from their bathroom and into the kitchen. “She said, ‘I knew he was going to kill me,’” Bardessona said.
Miller’s defense team suggested through its line of questioning that his level of intoxication meant he lacked the intent necessary to support a charge of first-degree attempted murder.
The Delta District Court was obliged to pause the preliminary hearing partway through, because not enough time for it had been allocated on that day’s docket and other cases had to be heard.
The hearing concluded Nov. 19, with, according to the District Attorney’s Office, a finding that the attempted murder and two charges of second-degree assault can proceed, because the evidence presented cleared the bar for establishing probable cause.
Miller is also charged with non-injury child abuse, because a young child was in a bedroom just feet away from the alleged assault, and with obstruction. These charges were not eligible for a preliminary hearing.
Arraignment has been set for Dec. 20.