Former Tryon commissioner arrested for stealing Baby Ruth bars

COLUMBUS — After being released from federal custody several months ago, former Tryon Commissioner LeRoy Miller was recently arrested on suspicions of stealing a pair of Baby Ruth candy bars from a Columbus service station.

Miller, 52, of Tryon, was arrested last week Sunday and charged with misdemeanor larceny and resisting a public officer.

Columbus Police Chief Scott Hamby said Thursday that on June 22, the BP Service Station manager notified the Columbus Police Department that a larceny had just occurred in the store.

“In store camera footage shows a man allegedly putting merchandise in his pocket and then leaving the store without paying for the items,” Hamby said.

Hamby said officers identified the suspect as Miller. A warrant was issued for the man’s arrest and, on June 24, Tryon police officers took him into custody.

The warrant for Miller’s arrest says that the defendant unlawfully and willfully did steal, take and carry away two king-size Babe Ruth bars, the personal property of Roadrunner/BP store, with the property stolen having a value of $4.

The warrant also states there is probable cause that Miller resisted, delayed and obstructed the officer by giving false information.

Miller was transported to the Polk County Jail, where he went before a magistrate, Hamby said. The man was released on his own recognizance.

Miller is scheduled to appear in Polk County District Court on July 11.

In April 2017, Miller was federally charged with one count of conspiracy to commit federal program fraud, one count of federal program fraud, one count of extortion under color of official right and one count of witness tampering. The charges stemmed from former Tryon Fire Chief Joey Davis paying for Miller’s personal bills with town credit cards.

Davis was charged with one count of conspiracy to commit federal program fraud, and is scheduled to appear in federal court on Sept. 4.

Miller pleaded guilty to his charges on April 20 this year. Miller violated his federal release in March after testing positive for cocaine.

He was released on a $25,000 bond, according to pacer.gov.

A sentencing hearing for Miller has not yet been set.

Miller resigned as town commissioner last June.

The maximum penalty for his 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.