Case dismissed against Austin man accused to run woman down with car
(ABC 6 News) – The prosecution dropped a case against an Austin man accused of attempting to run a woman down with his car.
All charges against Michael Thomas Miller were dismissed Nov. 4 — when his jury trial had been scheduled to begin.
According to the dismissal, the alleged victim in the case failed to appear in court or respond to a subpoena.
The alleged victim had not contacted the prosecutor before trial, and investigators were not able to locate her in the week before trial, according to court documents.
“The victim has not been cooperative,” documents read. “The underlying investigation creates doubt, especially without her testimony.”
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(ABC 6 News) – An Austin man appeared in Freeborn County Court Tuesday, Oct. 22, after allegedly trying to run a woman down with his car.
Michael Thomas Miller, 46, faces the following felony charges: 2nd-degree assault with a dangerous weapon; 1st-degree damage to property–foreseeable risk of bodily harm; and threats of violence.
Miller is also charged with misdemeanor domestic assault and reckless driving.
On May 4, Freeborn County deputies spoke with a woman, who said she had offered a Miller a ride home from Diamond Jo’s Casino.
The woman said Miller appeared to be drunk.
On her way to drop Miller at his house on 890th Avenue, the defendant allegedly told the woman he was going to kill her, got out of her car, but chased her on foot as she drove away.
As the woman drove south on 890th Avenue, she saw a white vane with “Newry Construction” decals driving toward her on an intersecting street.
The woman said it was Miller’s work van, and he did not stop at the intersection, but instead turned toward her, striking her with his van despite her attempt to move away in her lane, according to court documents.
The woman called 9-1-1 on the way to Glenville, where she met the deputies.
Deputies noted damage to the driver’s side of the woman’s car — from front bumper to rear.
Freeborn County law enforcement did not make contact with Miller May 4. They allegedly saw a Newry Construction van in Miller’s driveway, which had damage from the front driver’s side fender to the rear, as well as paint transfer that appeared to match the color of the woman’s car.
The defendant was taken into custody on an arrest warrant May 27.
Miller’s trial is scheduled to begin at 8:30 a.m. Nov. 4, in Freeborn County Court.