A Stroud man who was a Lincoln County Jail inmate and charged last November with incitement to riot has pleaded guilty and been sentenced.
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.
Making a reappearance recently before Special Judge Emily Mueller, Miller waived his preliminary hearing, the two-judge rule and jurisdiction, a pre-sentence investigation and pleaded guilty to both charges as the result of a plea bargain.
The court found him guilty on Count 1, incitement to riot and sentenced him to 10 years in the custody of the Department of Corrections with all time suspended, fined him $100, assessed a $100 VCA and court costs and he was ordered to pay 991C fees..
On the malicious injury to property count, he was sentenced to six months in the Department of Corrections, fined $100, assessed a $100 VCA, ordered to pay 991C fees and the judge ordered the case to run consecutive with a case filed in 2022 against Miller in 2022 for knowingly concealing stolen property in which he pleaded guilty to last October.
He was given credit for time served and he was placed on supervised probation with the Department of Corrections.
First Assistant District Attorney Adam Kallsnick prosecuted the case for the state and Miller’s defense attorney was Kimberly Miller.
In the 2022, Miller, appearing before District Judge John Canavan, pleaded guilty and the judge sentenced him to five years in DOC, fined him $100, assessed him a $100 VCA and court costs and ordered the sentence to run concurrent with three other cases filed against him in 2023.
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 in Lincoln County.
The other felony convictions Miller has, all in Lincoln County, include Jan. 28, 2014 for the felony offense of assault and battery on a police officer; Jan. 16, 2018, second degree burglary and on the same date second degree burglary after a former felony conviction; and again on the same date, larceny of an automobile after former felony conviction.