Bond set for Boise police officer charged with domestic violence

newsroom@idahostatesman.comMarch 14, 2014 

An Ada County magistrate set bond at $5,000 Friday for a Boise police officer accused of domestic violence and of later grabbing the arm of a crime scene investigator called to the scene.

Fourth District Magistrate Cathleen MacGregor Irby rejected a request by prosecutors to set bond for Gary Miller, 43, at $20,000. Irby said Miller did not have a history of failing to show up for court dates and she said the higher amount wasn't warranted.

"The $20,000 is a little high," Miller said in objecting to the prosecutor's request, during a video arraignment Friday afternoon.

Prosecutors said Miller struck a woman in the face, causing bleeding during an incident at an East Boise home just before 5 a.m. Friday. He also hit the woman with a purse, prosecutors said.

He allegedly grabbed the arm of a crime scene investigator who was called to take a video recording at the home.

"We're done taping here," Miller allegedly said as he grabbed the investigator's arm.

Irby was told that Miller broke his hand after striking his hand against a wall. It was unclear when that occurred.

Miller, a 16-year veteran with the Boise Police Department, was charged with misdemeanor domestic violence and battery.

The officer, who was taken into custody by an Ada County sheriff's deputy, has been suspended pending an internal investigation.

Miller has had at least one previous run-in with the law.

In April 2008, Miller was charged with and later pleaded guilty to driving under the influence.

Miller was off duty when he was pulled over by an Idaho State Police trooper near Curtis Road and Irving Street in April 2008. A sobriety test showed Miller's blood alcohol level was twice the legal limit of .08 at the time of his arrest, according to Idaho attorney general reports.

Miller pleaded guilty to the misdemeanor DUI. Fourth District Magistrate Jerry Meyers sentenced Miller to one year of probation and 90 days in jail and fined him $750. The judge suspended 87 days of the jail sentence.

Meyers also granted Miller a withheld judgment, which means Miller could ask the judge to have the guilty plea taken off his record if he successfully completed probation. In October 2009, Miller's withheld judgment was completed and the charge dismissed.

Prosecutors with the Idaho Attorney General's Office handled the DUI case at the request of Ada County Prosecuting Attorney Greg Bower.

Police officials conducted an internal investigation into the DUI charge and determined Miller violated department policy, Hightower said at the time. Hightower said Miller was disciplined, but state law did not allow her to disclose what the punishment was.

On Friday, Hightower would not say whether the prior DUI conviction would be a factor in the internal investigation into the most recent charges against Miller.

"I cannot discuss what will play into the internal investigation," Hightower said. "That is a personnel matter. It is fair to say all things will be taken into account and thoroughly reviewed."

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