MILLERSBURG -- Kyle Miller, 24, of 11976 Dover Road, Apple Creek, was sentenced in Holmes County Common Pleas Court on Wednesday, May 17, to two six-month sentences, served consecutively for a total of one year. He will receive credit for 17 days served.
Miller was also forced to pay restitution in the amount of $263 to Samantha Lyons, plus the execution of court costs and fees.
Miller pleaded guilty to a reduced charge of domestic violence and unauthorized use of a motor vehicle. In exchange for his guilty plea, the state agreed to dismiss a related charge of felonious assault and reduced the domestic violence charge, enhanced because she was pregnant at the time, from a fifth-degree felony to a first-degree misdemeanor.
"Twice I let you out," Judge Robert Rinfret said. "Not once, twice. Bond is a right. Everybody has a right to it. You got a great deal, a major felony reduced to a misdemeanor. Every time someone sits in that chair and I let them out on bond, it's their promise that they're not going to screw up. And every time, someone screws up on bond. With each person, I have to look and ask, is this person going to do this again?
"This is what we're going to do, Mr. Miller. We're going to see if we can get your job back," Rinfret continued. "If the jail has the space, we'll see if we can get you a work release. After some time, after you've paid this young lady her $263 back, I will consider letting you out on electronic monitoring. If I let you out early, you're going to be on intensive probation. I promise, if you screw up, I'll just forget about you.
"If we can't get your job back, we'll try and find you a job," the judge added. "The most important thing is, you pay this lady back. I don't know if you're getting any drug treatment at all in jail, we're going to see that that happens, too."
Miller initially faced up to eight years in prison. The state agreed to the deal after the victim not only recanted part of her initial statement, but actually told the prosecutor's office the stab wound was not caused by Miller, but was self inflicted, according to Holmes County Assistant Prosecutor F. Christopher Oehl.
Subsequent to her more recent statements about the incident, including the fact she caused her own injuries, the woman, Samantha G. Lyons, 24, of 618 S. Washington St., Millersburg, was charged in Holmes County Municipal Court with a single count of falsification. The charge, a first-degree misdemeanor, is punishable by up to six months in jail and a $1,000 fine.
The charges against Miller stem from a Dec. 10 incident. That's when Lyons initially told police that days worth of fighting culminated in an argument, which continued after she threw his clothes outside, according to Patrolman Jeff Lay of the Millersburg Police Department.
She told officers Miller then took a knife out of his pocket and stabbed her in the area of the left ear before getting into her car and leaving the residence, said Lay, noting the vehicle was later found abandoned along the side of Massillon Road.
Miller was located in the emergency room of Pomerene Hospital, where he sought treatment for an alleged head injury, said Lay.
Reporter Kevin Lynch can be reached at 330-674-5676 or firstname.lastname@example.org.