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Linton man facing two criminal cases after two similar incidents

Theodore James Miller

Theodore James Miller

Last September, police responded to the report of a man throwing things at the windows of a woman’s house. This week they responded to the report of the same man standing outside a different woman’s house refusing to leave the property. In both cases, after police arrived, they said he did a lot of screaming and yelling.    

Theodore James Miller, 35, of Linton, ended up in jail after each incident and in both cases, he’s facing a charge of disorderly conduct involving unreasonable noise, among other things.

In the first, on September 9, 2017, Officers Joe Riley, Nick Yingling, Jace Herndon and Sgt. Logan Hobbs, all from the Linton Police Department, responded to a call from a woman who said Miller was outside throwing hard objects at the back window of her house. When they arrived, they reported finding Miller standing in her back yard. He allegedly said he was there to get his cigarettes back from his girlfriend. Police took photographs of a broken window.

In a probable cause affidavit written by Officer Riley, he wrote that all the officers agreed they should take Miller to the police department for an interview about what had happened. But when he was placed in handcuffs, Riley said Miller became severely agitated and began to scream and yell.

Miller was advised to calm down and quit yelling or he could be charged with disorderly conduct. Riley said Miller continued to yell then began fighting officers as he was being placed in the back of a patrol vehicle.

Instead of going to the police department, Sgt. Hobbs made the decision that Miller should be transported directly to Greene County Jail.

Charges were filed, initial hearing held, he bonded out of jail, and later signed a negotiated plea agreement. But he didn’t show up for the change of plea hearing, so, warrant issued, he was arrested again, posted bond again, and the case was scheduled back in court for a hearing on July 11.

Then this Wednesday, June 20, Linton police officers were dispatched to a different residence where a different woman had called because Miller was refusing to leave.

LPD Officers Nick Yingling, Orry Phipps and John Again all responded.

Yingling, who prepared the probable cause affidavit in this case, said the woman did not want Miller there in an intoxicated state and told officers he was confrontational and aggressive. The two had been in an argument over money but she said she paid the rent, utilities and bought groceries and Miller did not have any contractual obligation to the residence. She wanted him to leave and sober up.

Officer Yingling advised Miller to leave for the night and come back when he was sober. Miller gathered some items and left the property and so did the officers.

At 1 a.m. they were called back – Miller was standing outside the woman’s house, yelling and cursing. He was again advised to leave but yelled that he wasn’t going anywhere without his money. He cursed the police department and would not quiet down.

Then Miller allegedly lifted his arms to shoulder height and flexed his muscles, yelling, “Come get some if you’re going to take me to jail.”

Miller fell to the ground after he was hit with a Tazer. An ambulance was called. Miller was transported first to Greene County General Hospital for a medical check, then to Greene County Jail.

In the first case, Miller has been charged with:

  • Criminal mischief, a Class B misdemeanor
  • Disorderly conduct – unreasonable noise, a Class B misdemeanor
  • Resisting law enforcement, a Class A misdemeanor

In the latest case, Miller is facing charges of:

  • Intimidation – the threat is to certain types of people, a Level 6 felony
  • Resisting law enforcement, a Class A misdemeanor
  • Criminal trespassing, a Class A misdemeanor
  • Disorderly conduct – unreasonable noise, a Class B misdemeanor