Stoned shooter reportedly missed the point-blank shot-to-the-head
Phillip Esquire Miller IV denies putting a gun to the head of a man with whom he had been smoking “Kush” for an hour, and then stealing three pounds of marijuana from the frightened survivor, more than three years ago.
Miller is accused of pulling the trigger on a .40 caliber Glock handgun but missing the point-blank shot, after he sampled the “medical marijuana” he purportedly was there to buy.
The alleged attempted-murder happened in April 2010, in a small home in Vista, in north San Diego County, California, according to a prosecutor.
(The man who said he survived the shooting later pleaded guilty to drug sales, in a separate case, earlier this year.)
Prosecutor Patrick Espinoza has charged Miller with attempted murder and armed robbery and assault with a deadly weapon. The case was filed as a three-strikes-crime, with life in prison as a possible sentence; the prosecutor alleges Miller has prior felony convictions.
Phillip Esquire Miller IV, now 28, pleads not-guilty to all charges through his private defense attorney, Herb Weston. Miller, who is currently at liberty on bond, reportedly lives in Kansas City, Missouri.
In San Diego’s North County Superior Courthouse last week, on August 14, the case was delayed again. Trial date is now set for November 20, 2013, before the Honorable Judge Aaron Katz.