A felony case against a Gillette man accused of confronting police officers with an AR-style rifle and threatening "I'm gonna be a martyr" is headed to district court.
A Campbell County judge on Tuesday found probable cause to bind over the felony case against Chauncey Patrick Miller, born in 1980, sending it to district court on charges of aggravated assault and battery, possession of a deadly weapon with unlawful intent, and possession of a firearm by a convicted felon.
Miller is in jail on a $250,000 cash-only bond.
An affidavit shows Gillette police officers were at an apartment complex June 20 responding to an unrelated emergency medical call when they heard a man screaming profanities at a woman inside a neighboring apartment.
When officers went to investigate, they say a female opened the door. Miller yelled at officers to "get the f*ck out" before he armed himself with what they describe as an assault rifle.
One officer reported watching Miller pull back the rifle's charging handle. Investigators wrote that body-camera audio also captured the sound of a round being chambered.
As officers repeatedly ordered him to "put the rifle down" and "step away from the door," Miller responded by telling them, "You either leave me alone, or I guess we're going gang, gang," according to the affidavit.
'Answer To God'
As the confrontation continued, Miller closed the door and officers shifted their efforts to negotiating with him over the phone, court documents state.
Officers also discovered Miller had two confirmed warrants for his arrest, according to the affidavit. One was for failing to appear in court on an original battery charge. The second stemmed from failing to pay fines associated with DUI, driving under suspension and interference charges.
An officer wrote in the affidavit that Miller "was very upset" due to the belief that officers were there because of his warrants, even though they had responded to the residence for "an EMS call unrelated to Chauncey completely."
While on the phone, Miller said, "I won't be seeing you tonight homie unless we are gonna have some fun." The affidavit claims Miller rambled about how law enforcement is "tax collectors for tyrants."
Then, "here's the thing. You wanna f***ing answer to God tonight? I don't, I really don't dude. I don't wanna answer to Him, but that's what's gonna happen unless you leave me the f*ck alone."
Later in the conversation Miller reportedly said, "ain't gonna be funny, man dies because of $430 he owes to the government."
Case Moves Forward
Authorities say Miller was prohibited from possessing the firearm because of a previous felony conviction related to a fourth or subsequent DUI charge.
The case has been assigned to Campbell County District Judge Stuart S. Healy III. Miller has not yet entered a plea.
Campbell County Deputy Attorney Kyle A. Ferris prosecuted the preliminary hearing. Miller is represented by defense attorney Carina Maria Elisabeth Ostberg.
If convicted, Miller faces significant prison time. Aggravated assault and battery carries a maximum penalty of 10 years in prison.
Possession of a deadly weapon with unlawful intent is punishable by up to five years in prison and possession of a firearm by a convicted felon carries a penalty of up to three years in prison.
Kolby Fedore can be reached at kolby@cowboystatedaily.com.
