Last updated: July 24. 2014 9:08PM - 715 Views
Amber Gillenwater agillenwater@civitasmedia.com

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GALLIPOLIS — A Gallia County man who pleaded earlier this week to shooting and seriously injuring a police officer in the performance of his duties will appear for a sentencing hearing Monday in the Common Pleas Court of Gallia County.

On the morning of his jury trial this past Monday, Cole C. Miller, 30, of Gallipolis, entered a last-minute plea agreement, pleading guilty to three counts of felonious assault in relation to his actions on Sept. 24, 2012.

Miller, who had previously entered a not guilty plea by reason of insanity — a plea that was subsequently changed last week to a general plea of not guilty — was arrested during the early morning hours of Sept. 24, 2012, after he fired upon police officers with the Gallipolis Police Department and a Gallia County sheriff’s deputy who had responded to his residence in reference to a neighbor dispute.

Injured in the incident was Ptl. James Bartels, who was rushed from the scene to the Holzer Medical Center emergency room, and was later transported to Cabell Huntington Hospital, where he has undergone extensive surgeries.

Following the shooting, Miller reportedly exited his residence and surrendered to the officers remaining on scene and was taken into custody. He was subsequently charged with attempted aggravated murder, three counts of felonious assault, obstructing official business and resisting arrest.

The defendant has remained incarcerated at the Southeastern Regional Jail in Nelsonville since his arrest under a $1 million, 10 percent bond.

According to information filed with the clerk of courts office on Tuesday, Miller pleaded guilty on Monday to all three counts of felonious assault for his actions in firing shots at the three officers located on scene that evening.

In addition, a gun specification is attached to Miller’s charge of felonious assault against Ptl. Bartels, stipulating that the defendant, on the date of the offenses, discharged a firearm at a peace officer.

The plea agreement filed and signed by the defendant and his counsel, as well as the prosecution in this case, states that, the defendant will face a 10-year prison sentence in relation to the charge of felonious assault against Bartels, as well as a mandatory seven-year prison sentence in relation to the gun specification attached to that charge.

The remaining felonious assault charges carry a 3-11 year prison sentence each. The plea agreement further states that the defendant will be sentenced to a minimum of 20 years in prison.

Also included in the plea agreement is a stipulation that the victims in this case are law enforcement officers who were “engaged in their official duties during the time of the commission of these offenses.”

During Monday’s hearing, appearing on behalf of the state of Ohio in this case were Gallia County Assistant Prosecuting Attorneys Eric Mulford and Britt Wiseman. The defendant is being represented by Samuel Shamansky and Donald Regensburger of Columbus.

Miller will appear before Judge D. Dean Evans at 10:30 a.m. Monday for sentencing in the common pleas courtroom.

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