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Probation violation lands Nibley man in jail for 6 months

November 16th, 2012 Posted in Opinion

By Katie Swain

LOGAN – A Nibley man caught a lucky break Tuesday and got another chance, after a probation violation that could have sent him to prison.

“You’ve shown us you can’t follow the simple rules and we’re sick of it,” said 1st District Court Judge Thomas Willmore as he sentenced Tyrus Miller to six months in jail. “I’m sick of it. You aren’t going to prison, but just one more violation and you will be sent to the prison.”

According to court records this isn’t the first time Miller has violated his probation, nor is it the first time he has gotten off easy. Miller, 27, was originally charged in 2008 with possession of a controlled substance with intent to distribute, a second-degree felony, and use or possession of drug paraphernalia, a class-A misdemeanor.

According to the affidavit of arrest, Miller’s original sentence was five years to life in the Utah State Prison. Instead he served very minimal time in the Cache County Jail and was given 12 months probation. According to court documents, since then he has violated that probation three times and has never been required to serve more than a few days in jail.

“This has been a long road and it’s taken a lot more time and pain than I expected,” Miller said. “But I’ve got a great support system now and I’ve made a commitment to turn things around.”

After a brief conference in the hallway, Willmore decided to send Miller to jail for six months and revoke and restart his probation, rather than invoking his original prison sentence. Willmore made it clear that the probation would be zero tolerance, and any further violation would result in a prison sentence.

“I know I can do this your honor,” Miller said.


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