Abilene alley shooting: Father guilty of murder, sentenced to 14 years in state prison

A 350th District Court jury late Friday morning sentenced Johnnie Dee Allen Miller, convicted Thursday evening of first-degree murder, to 14 years in state prison for the 2018 shooting death of Aaron Howard in the alley behind the neighbors' home in west Abilene.

The jury found Miller, but not his son, Michael Theodore Miller, guilty of murder.

The Millers were tried at the same time because each was charged with the same offense in similarly worded documents.

The shooting culminated a Saturday morning argument over a mattress. A video taken at the scene drew nationwide interest.

Both men shot at and struck Howard, the elder Miller armed with a handgun and his son with a shotgun.

Punishment had been announced as five to 99 years, or life.

Johnnie Miller is eligible for parole after he serves half his sentence, or seven years. He will be given credit for jail time already served, but that, prosecutors said, was only a few months. The Millers posted bond in April 2019.

The defense said it already has begun the appeal process. The jury rejected its argument the Millers acted in self-defense.

"And we will proceed according," prosecutor Dan Joiner said.

'Justice for Aaron Howard'

"It's a tragedy," Joiner said of the murder almost 4½ years ago, upon leaving the courtroom. "This case from Day 1, from Sept. 1, 2018, was a tragedy. It affects everybody attached."

Thus, it affected the Millers as well, he said.

"That's the problem with murder. It doesn't just affect you, it affects your family.

"It's not lost on us that Johnnie Miller is 72 years old, so I think the jury took that into consideration," Joiner continued. "Fourteen years for someone of his age is a pretty stiff sentence. What is important to us is that we wanted justice for Aaron Howard.

"We believe this is justice."

Defense attorney Justin Sparks said "we were extremely excited" about the not guilty verdict for Michael Miller.

"We feel like the jury got it right. The jury heard all the evidence, not just a two-minute clip. They heard everything that happened previously that day and the months before, and they got it right."

However, Sparks said that if Johnnie Miller is guilty, "five (years) is the appropriate number."

Ken Sparks, who did not represent either of the Millers but sat at the defense tables, said the state had offered Michael Miller, now 36, a plea bargain of 25 years.

"He was acquitted and will serve zero time in jail," Ken Sparks said.

The same deal, he understood, was offered to Johnnie Miller.

"Unfortunately, the jury gave him 14 years but that is substantially less than the 25 that was offered," Ken Sparks said. "Mainly the Michael Miller verdict but also this, in getting a verdict that was lower than available without a trail is a very good result."

Joiner said the Howard family likely is not feeling relief in the verdict and punishment.

"But there is some sense of closure. They wanted Johnnie Miller to be held accountable and now that he is, I think they feel a little bit more at ease, a little bit more of peace before this week started," he said.

Attorney: Miller 'will likely die in prison'

The jury left the courtroom to deliberate the sentence about 9:45 a.m. Friday. Jury members deliberated about an hour and 45 minutes before returning with the sentencing. There was no fine imposed on Miller.

The defense asked jurors to set the minimum punishment, addressing Johnnie Miller's age — he is to turn 72 in four days, Justin Sparks said. Any longer than five years, Sparks said, and Miller likely would die in prison.

Sparks asked three people to stand Friday, including Laurie Miller, Johnnie Miller's wife.

Michael Miller, wearing the gray suit he had previously to court when accused of murder, sat in the gallery next to his mother.

Joiner said murder is theft — the shooting obviously took Howard's life. But it also has a ripple effect.

Affected are Kara Muntean (formerly Kara Box), who in court Friday said she engaged to Howard and called him lovable, kind and funny; Tim Howard, Miller's son who in 2016 began restoring his relationship with his father, who he said was "getting better"; and others that knew him.

Muntean said she taking medication and still has nightmares and wakes up screaming.

Joiner did not suggest a punishment, but made it clear that five years was not enough.

After all, he said, Miller has lived to his 70s and Howard did not live to see 38.

Sparks offered condolences on behalf of the Millers.

"I am sorry for your loss," Sparks said before addressing the jurors Friday morning.

"This was a tough decision," he said to them. "Johnnie thanks you for being here, and what you did for Michael."

While jurors were out, Johnnie Miller was allowed to talk to others.

A longtime family friend was seen with Michael and Laurie Miller, holding their hands. All had heads bowed, as if in prayer.

Later, Laurie, Michael and Johnnie Miller huddled over the railing that separates the gallery from tables used by the prosecution and defense. His wife caressed Miller's arm.

Millers armed when argument started

Howard was struck in the arm, torso and head during a Saturday morning argument in the alley, ignited by the removal of mattress from a trash container.

Paramedics, with police assisting, treated Howard in the alley and the 37-year-old man was taken to a local hospital by ambulance. He later died.

The trial, with Judge Thomas Wheeler presiding, began Tuesday, with the attorneys from the Sparks Law Firm of Fort Worth asking the jury to step into the shoes of the two accused men and consider self defense. In jury selection Monday, they outlined the rights of gun owners in Texas, which, they said, is a no-retreat state. That is, the Millers in this case, were not required by law to back off.

The prosecution team led by Joiner with Erin Stamey said the victim was prone to foul and threatening outbursts but none before had resulted in physical harm. Howard was on medication for what his then-common law wife Muntean testified has been identified as Intermittent Explosion Disorder. He had taken his medication that morning.

Also, it was noted in court, Howard did not have a weapon until provided a bat while both Millers brought firearms to the argument.

The incident began with Howard, Muntean, the man Howard referred to as "like a brother," Justin Copeland, and Copeland's three children driving into the alley behind their home in the 4300 block of Don Juan Street. They were planning to unload items from a trailer so it could be used for another project. The items, said to include scrap metal, were placed in their backyard.

Upon stopping, Howard saw a mattress that previously had been place in the container had been removed and placed against their fence, Muntean said in court. This had happened before and it angered him.

He put it back in the container.

Johnnie Miller, the father, entered the alley to take out the trash. But he had put a handgun in his back waistband upon hearing a commotion in the alley regarding the mattress, according to testimony.

An argument between the two men ensued, with Miller eventually bringing out his weapon and pointing it at Miller, Muntean testified. That increased Howard's rage because, he shouted at Miller, children were in the vehicle behind him.

Michael Miller, meanwhile, had come into the alley with a shotgun held over his shoulder.

The Millers and Howard reside in adjacent houses, with a shared trash container between them.

Video did not tell whole story but was valuable in court

Much of the argument but not all was captured in a cellphone video taken by Muntean, who testified she began recording the argument when it escalated and she feared it might not end well. She focused on the Millers, which the defense pointed out, rarely showed what Howard was doing.

It was noted by the defense that the video did not show the entire altercation, and only one perspective.

On Friday, Joiner said the video was vital in that it "showed the interaction between Aaron Howard and Johnnie Miller. Without that, all we have are people's recollections and perceptions. So that played a huge part in the guilty verdict."

Howard asked Copeland to get a gun, but that had been pawned, according to testimony. Copeland eventually gave him a bat, which Howard held threateningly at the father, who was closest to him. The prosecution stated the bat at least at first was held by the barrel end.

At least 6-foot-7 and about 275 pounds, Howard was imposing, the defense characterized.

Finally, the argument hit a tipping point when Howard was said to advance toward Johnnie Miller with the bat raised and issuing threats.

Millers react to Howard, fire weapons

Sparks, to begin his opening remarks Tuesday, re-enacted that advancement at the jury, establishing a scene of menace and why the Millers had to resort to self-defense.

It was then that Johnnie Miller shot Howard, wounding him. Howard did not go down and threw the bat at Miller, Muntean testified that it hit the ground, then struck Johnnie Miller.

Michael Miller fired his shotgun, striking Howard. The man then went down and the video showed Muntean rushing to him while screaming.

Police had been summoned and an officer arrived to find the Millers with their weapons on Muntean and Copeland. They were told to drop the weapons and lie prone. More officers soon arrived.

Howard was treated for his wounds and had to be restrained by police so that medical personnel could bandage him and insert an IV.

The Millers were arrested but put up on bond in April 2019.

This article originally appeared on Abilene Reporter-News: Abilene alley shooting: Father guilty of murder, given 14 years