Incitement to riot preliminary hearing

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A preliminary hearing has been scheduled for Lincoln County Jail inmate who was charged last November with incitement to riot.

David Keith Miller, about 31, was formally charged Nov. 13, 2023 in Lincoln County District Court with incitement to riot, a felony, and attempt-malicious injury to property under $1,000, a misdemeanor.

Appearing recently before Special Judge Emily Mueller, he waived judicial conflict and the judge set his preliminary hearing for 9 a.m. May 10.

He made his initial appearance on Nov. 13 before Associate District Judge Sheila Kirk. She set his bond at $7,500.

Miller, who has been previously convicted of at least five felonies, was charged in connection with a riot at the jail.

Count 1 accuses Miller on Nov. 2 of attempted incite to riot at the Lincoln County Jail by making threats and encouraging other inmates, with the intent to cause or assist the initiation of a riot, to destroy property and/ or commit acts of violence and his conduct created a clear and present danger of imminent unlawful action.

In Count 2, Miller is charged on the same day of attempting to destroy property that belonged to the Lincoln County Sheriff’s Office by attempting to flood the vestibule and throw trays and causing a loss valued at less than $1,000.

Supplemental information filed by Assistant District Attorney Kelly Trimble shows Miller has been convicted of at least five other felonies since 2014, the most recent of which was on Oct. 31, this year, in Lincoln County.

That conviction was for the felony offense of knowingly concealing stolen property.

On Oct. 31, appearing before District Judge John Canavan for his arraignment, Miller pleaded guilty and the Judge found him guilty as charged.

Miller was sentenced to five years in the Department of Corrections, assessed a $100 fine and a $100 VCA and court costs and Judge Canavan ordered the sentence to run concurrent with three other misdemeanors. He is to report to the Court Clerk’s Office within 180 days of his release from custody.