BEAUMONT, Texas — Michael David Miller was set for trial today after he hit and killed an off duty Jefferson County deputy while driving drunk in 2022.
However, Miller's attorney, Thomas Kelly, asked the Honorable Raquel West if his client could enter a guilty plea and be sentenced at a later date.
The prosecutor said he wanted a jury to have a say in choosing the sentence. Judge West accepted the plea and said the jury will return on Tuesday for the punishment phase.
The 40-year-old Miller is charged with hitting and killing 71-year-old James Lee while driving drunk in 2022, and pled guilty to a federal firearms charge.
A federal grand jury indicted Michael David Miller on a firearms violation on October 5, 2022. He pled guilty to the charge on February 6, 2023.
In addition to the federal charge of "possession of a firearm by a prohibited person," Miller is also facing a state charge of intoxication manslaughter in connection with the death of Deputy James Lee.
Related: Jefferson County Sheriff's Office mourning loss of beloved deputy hit, killed while mowing his lawn
Deputy Lee was off-duty and mowing his lawn when he was hit and killed by a Toyota 4Runner on July 9, 2022.
Officials believe Miller was driving the Toyota on a rural road near Fannett, when he sped around a curve and lost control on Burrell-Wingate Road, according to a probable cause affidavit. The Toyota veered off the road into a ditch, hitting and killing Deputy Lee who was on the lawn mower.
Deputy Lee was pronounced dead at the scene.
Responding troopers observed Miller while he was being treated and said his eyes, “appeared blood-shot and glassy,” and his speech, “sounded slurred," according to the affidavit. They later learned Miller reportedly told medical professionals at the scene that he drank a 30-pack of beer and smoked marijuana before he began driving.
Law enforcement found a gun in the Toyota following the deadly crash and later learned Miller was prohibited from owning or having a gun or ammunition, due to a previous conviction.
Miller was arrested and charged with intoxication manslaughter in the death of Deputy Lee and unlawful possession of a firearm by a felon due to his previous conviction.
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