Miller files second motion to continue drug case

Debbie Rolen Staff Writer

September 6, 2013

One of the defendants named in the arson/fraud case this week has filed a motion to continue his trial related to distribution of drugs scheduled for Oct. 1, 2013.

Guy Miller was charged in an October 2012 indictment with Ronald Fortuna and Patrick Warren Napier for conspiring to knowingly and intentionally distribute oxycodone, a Schedule II controlled substance.

The indictment covers the time period between November 2010 and April 2012 and accuses Miller of traveling multiple times between West Palm Beach, Fla., and Charleston, W.Va., with intent to promote, carry on and facilitate the promotion and carrying on of an unlawful activity, the knowing and intentional distribution of oxycodone, a Schedule II controlled substance.

Miller has been free on bond since his initial appearance on October 29, 2012, but since his arrest for the new charges, he has been detained at the South Central Regional Jail, and the motion says he is of the understanding the government will seek to detain Mr. Miller throughout the course of the new proceedings.

On Sept. 3, 2013, Miller was named along with three co-defendants in nine counts of a thirty-six count indictment alleging conspiracy, wire fraud, mail fraud, arson and obstruction of justice.

The motion also says the new indictment creates a substantial amount of new evidence and witnesses, which could potentially be used against Miller in the drug case and it says the materials for the new case will require analysis and investigation to protect Miller’s interest in the drug case.

According to counsel, Miller’s implication in two separate indictments will take more time, potentially involve interconnected discovery, witnesses and need for investigation.

Philip B. Sword, of Shuman, McCuskey & Slicer, PLLC, Charleston, is the third attorney to be appointed to this case and according to the motion, he has also been appointed as a member of the criminal justice act plan for the Southern District of W.Va. to represent Miller in the arson/fraud case.