Bastrop, Tx–After more than four hours of deliberation today, a jury in 335th District Court called for a three-year prison term and fines of up to $15,000 for a former Elgin police patrolman who pleaded guilty Tuesday to three counts of possessing child pornography.
Orville Roger Miller Jr., 48, should also serve 10 years on probation on two of the three counts of the indictment in connection with a case which arose in 2007, the jury indicated. State District Judge Reva Towslee Corbett said she will formally sentence Miller at a hearing on Nov. 18 in Bastrop.
Because Miller pleaded guilty after a jury of eight women and four men was seated Monday, the jury’s only job was to assess punishment. Prosecutors asked for the maximum of 10 years in prison for each of the three counts of the indictment. Assistant state Attorney General Lisa Hoing also asked the judge to order any prison terms assessed to be served consecutively, in effect seeking a prison term of up to 30 years.
The defense said probation with community supervision was the appropriate sentence. Miller had no prior felony convictions and had been a Texas peace officer for more than 20 years. He was fired from the Elgin police force in May 2007 after he was linked to a portable digital “thumb drive” data storage device found in the police squad room. The device included images depicting children involved in explicit or simulated sexual activity, according to evidence introduced at Miller’s trial.
After the jury verdict was returned about 4 p.m. Friday, Defense attorney Tull Farley immediately announced his intention to appeal the verdict and asked for Miller to be released on bail pending the appeal outcome. The judge ordered Miller to be held in jail at least until formal sentencing next week.
Before being led away by a deputy of the Bastrop County Sheriff’s Department after the verdict, Miller hugged his mother in the courtroom, saying,” I’m so sorry, Mama. I gotta go.”
A former wife, his current fiancee and his mother all testified at the trial, asking the jury to assess probation. “He can still be a contributor to society,” Farley told the jury. “He’s remorseful and wants to atone” for admitted crimes.
Miller also testified in hiw own defense.
Tags: child pornography, Elgin police