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The original item was published from 3/25/2021 9:44:01 AM to 6/2/2021 12:00:01 AM.

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District Attorney

Posted on: March 25, 2021

[ARCHIVED] Gerald Miller Sentenced to 11 Years 8 Months in State Prison

Sonora, California – Tuolumne County District Attorney Cassandra Jenecke announced today that Gerald Allen Miller, 34, of Tuolumne City was sentenced to 11 years, 8 months in state prison after pleading guilty to multiple felony offenses in two separate cases. One case involved child molestation and the second case involved fleeing a pursuing peace officer and driving under the influence. Assistant District Attorney Eric Hovatter prosecuted the cases for the People.

 

In the child molestation case, Miller pleaded guilty to one violation of Penal Code section 288(a), Lewd Act Upon a Child Under the Age of 14, and three violations of Penal Code section 288(c)(1), Lewd Act on a Child Ages 14 or 15. The survivor in the case was a relative of Miller’s and the conduct involved repeated acts of molestation occurring between 2012 and 2014 on a property that encompassed both the survivor’s home and a separate home that Miller shared with his wife.  

 

The conduct began prior to the survivor’s 14th birthday and continued until after her 16th birthday. She did not come forward with her allegations until 2018, when she disclosed the abuse to a friend. The Tuolumne County Sheriff’s Department was contacted and investigated the crime. Investigators conducted a pretext phone call where the survivor spoke with Miller about his molestation of her. During that call, Miller admitted to having engaged in “some touching with [our] hands” with the survivor and attempted to justify his actions by saying they were “just a couple kids screwing around.” At the time of the molestations, Miller was between the ages of 26 and 29.  

 

In the pursuit case, Miller pleaded guilty to a violations of Penal Code section 245(c), Assault Upon a Peace Officer, and Vehicle Code section 23153(a), Driving Under the Influence Causing Injury with an enhancement for personal infliction of great bodily injury. This incident occurred after the pretext call in the molestation case and after Sheriff’s Office investigators had made several appointments to speak with Miller. On March 3, 2019, Miller was driving a car in downtown Sonora when he went through a stop sign and caused a Sheriff’s Deputy to slam on his brakes to avoid a collision. The deputy attempted to stop Miller for the traffic infraction. Instead of yielding, Miller sped away down Stockton Road and eventually traveled east bound on Highway 108 with four patrol vehicles following with lights and sirens. 

 

Throughout the pursuit, Miller failed to stop at numerous stop signs and red lights and drove very erratically. Eventually, he drove onto Cherokee Road and nearly lost control of his vehicle before making a u-turn at the end of a dirt road and ramming his vehicle into a patrol car driven by Tuolumne County Sheriff’s Deputy Grant Kutch. Miller continued to drive, going up an embankment and rolling his vehicle. Miller’s passenger was found unconscious in the vehicle immediately after Miller rolled the vehicle. His passenger suffered great bodily injury because of the accident. Miller’s blood alcohol level was 0.18% after testing. 

 

Based on the charges Miller pled to, several of which are classified as serious and violent felonies, he will serve his time at 85%. That means he will only receive 15% good-time-work-time credit, which is awarded if an inmate does not receive any administrative discipline while in prison.   Miller also qualifies as a tier-two sex offender and will only be required to register as a sex offender for twenty years after he is released from custody. 

 

Miller was represented by local defense attorney Clint Parish in both cases.


For More Information Contact:

Eric Hovatter, Assistant District Attorney

Phone: (209) 588-5450

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