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Judge grants probation in meth case

by Keith KINNAIRD<br
| May 2, 2008 9:00 PM

SANDPOINT - An Oldtown man convicted of causing the death of a Sandpoint councilman's father in a traffic accident and other offenses is slated to be released onto probation.

District Judge John Patrick Luster adopted on Monday an Idaho Department of Correction recommendation that Jason Charles Miller be placed on supervised release, according to court documents.

Miller was sentenced last year to serve two to seven years in prison after being convicted of possessing methamphetamine during the July 2006 crash which claimed the life of Richard Martin Boge, the 78-year-old father of Councilman Michael Boge.

Jurisdiction was retained in the drug case, which made Miller eligible for probation after serving six months of his prison sentence. Miller was convicted of misdemeanor vehicular manslaughter in the connection with the deadly crash on Highway 57 south of Priest Lake. Jurors ruled Miller was driving and passing traffic recklessly.

Miller, 27, was also convicted of driving under the influence of narcotics in an unrelated case and possessing intravenous drug paraphernalia in the manslaughter/possession case. He was given concurrent six-month sentences for those offenses, which he served while doing time on the meth charge.

Although Miller was granted probation in the felony meth case, he still has to complete the six-month sentences on the misdemeanors. Miller was sentenced about five months ago.

Miller has filed a tort claim against Idaho State Police and the Bonner County Sheriff's Office contending his civil rights were violated in the DUI case, which occurred while he was awaiting trial on the meth and manslaughter charges. Miller alleges he was catheterized against his will so authorities could obtain a urine sample.

The claim seeks unspecified damages. If the claim is rejected, Miller would be free to file suit against the agencies.