Miller arrested for violating bond

TRYON — After being arrested by the Columbus Police Department on a larceny charge for allegedly stealing two candy bars from the Columbus BP, former Tryon Commissioner Roy Miller was taken into federal custody last Thursday.

Miller appeared in federal court in Asheville Friday morning, where the bond revocation hearing was continued until 10 a.m. Monday, July 23. 

Miller, 52, of Markham Road, Tryon, was out on federal bond when he was arrested for larceny and resisting a public officer on June 22.

In April, Miller pleaded guilty to his federal charges of conspiracy to commit federal program fraud, federal program fraud, extortion under color of official right and witness tampering, according to federal court records.

The charges stemmed from former Tryon Fire Chief Joey Davis using town credit cards to pay Miller’s personal bills. Davis was also charged with conspiracy to commit federal program fraud and is scheduled to appear in federal court on Sept. 4.

Miller appeared in Polk County District Court last Wednesday for the Columbus incident, which allegedly occurred on June 22. Miller’s Columbus case was continued until Aug. 1 and he opted to retain a public defender.

A sentencing hearing for Miller’s federal plea has not yet been set.

Miller previously violated his federal release in March after testing positive for cocaine. He was released in April on a $25,000 bond, according to federal court documents.

On July 5, federal prosecutor Richard Edwards notified defense counsel that Miller had been arrested on a shoplifting charge, with Edwards anticipating the government would request changes be made to the presentence report because of the new allegation.

“Because of the new charge, the parties believe that the pretrial services will request a hearing before the magistrate judge regarding an allegation of pretrial release violation,” states a motion on pacer.gov, which contains documentations on all federal cases.

Miller filed a motion on July 9 to extend the deadline to file objections to the initial draft of the presentence report until Aug. 3.

Miller resigned as town commissioner last June, after serving as a town commissioner for 13 years.

The maximum penalty for Miller’s federal charges are a term of imprisonment of not more than 10 years, a fine not to exceed $250,000, or both, and a term of supervised release of not more than three years and a $100 special assessment, according to the federal plea agreement.