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Jury convicts man in trespass case

Prosecutors credit police body cameras for court win

By Kay Stephens 3 min read

HOLLIDAYSBURG -- A Tyrone man who broke into his girlfriend's Altoona apartment in November has been convicted of criminal trespassing, witness intimidation, harassment and disorderly conduct.

The Blair County Court jury that heard the domestic violence case against Devin M. Miller, 30, handed down those verdicts Tuesday, along with additional verdicts acquitting Miller of burglary and obstructing justice.

Sentencing is scheduled for June 21 by Judge Daniel J. Milliron.

Prosecutors said they were pleased with the jury's verdicts and credited Altoona police for their use of body cameras providing video, with sound, shown during trial.

"This is a case where police body cameras allowed jurors to see how the victim reacted on the day of the incident, an essential element in this prosecution," First Assistant District Attorney Nichole Smith said.

Assistant District Attorney Ian Hausner, who showed the police video during witness testimony, also replayed video portions during his closing argument.

The responding officers, Hausner said, did an excellent job with this investigation.

Because of the police video, the jury was able to watch an Altoona woman being interviewed Oct. 30 by patrol officer Julie Brandt. That's the day Miller showed up at the woman's apartment on the 400 block of East Walnut Avenue, between 7 and 8 a.m., and started banging on the door before breaking a window to gain access.

The woman, who had two children inside with her, told Brandt that she was "absolutely" scared by Miller's actions. She also admitted to Brandt that she had a relationship with Miller and that they argued "lots and lots of times."

When called into court to testify, the woman tried to say that Miller had "just knocked" a couple of times that morning. She also said she didn't want to answer the door because of an argument they had the previous day.

"I was being a brat," she said in court.

Smith praised the woman's neighbors who testified during the trial about what they saw, heard and knew. It was the neighbors who summoned police.

Responding officers, in criminal charges filed against Miller, said that when they arrived, they could hear a woman yelling "get out" and "leave" from inside the residence.

After separating Miller and the woman for interviews, police said Miller kept yelling to the woman that if she didn't talk, police would leave her alone.

Hausner also presented the jury with a text message Miller sent to the woman in March, asking her to intervene in his court proceedings that were getting closer to trial."Write a statement so I can beat this," Miller stated.

His text message also directed her to ignore questions she was fielding about his upcoming trial and advised her: "Speak up and tell them I was allowed in your crib."

"That's in reference to charges that weren't valid," the woman told the jury.

When questioned by defense attorney David Beyer, the woman said Miller remains her boyfriend. She also said Miller had a key to her residence on Oct. 30, in addition to "open invitations" to each other's residences.

Miller has been in Blair County Prison since his Oct. 30 arrest.

Mirror Staff Writer Kay Stephens is at 814-946-7456.

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