BELLEFONTE – District Attorney Stacy Parks Miller announces that on Tuesday, the Pennsylvania Superior Court affirmed the conviction of Michael Miller, 64, of Howard. After a two day jury trial in December 2015, a Centre County jury found Miller guilty on one count of Animal Cruelty, and eight counts of Recklessly Endangering Another Person. The victims included one adult and seven children, ranging in ages from nine months old to 14-years old.

The charges stemmed from an August 2014 incident where Miller shot his neighbor’s dog, Copper, with a .22 rifle from a distance of approximately 50 yards. Copper was struck in the face and seriously wounded by the rifle shot. Directly behind the dog was a daycare center where seven children were present and being cared for. Everyone at the daycare was put in danger by the shot, as they were a mere 150 yards behind the dog.

Miller was found not guilty of one count of Possession Instrument of Crime with Intent. Miller received a directed verdict of acquittal from Judge Kistler on one charge of Disorderly Conduct.

On Jan. 19, 2016, Miller was sentenced by the Honorable Thomas K. Kistler to serve 11¢ – 23¢ months in the Centre County Correctional Facility for shooting his neighbor’s dog, Copper; an eight year-old Labrador mix. Miller received 6 – 12 months for Animal Cruelty followed by a 5¢ – 11¢ months for Recklessly Endangering Another Person. The Defendant was convicted of endangering eight victims total, one adult and seven children ranging in ages from 9 months old to fourteen 14-years old who were in the daycare when he shot towards it. Judge Kistler ordered a sentence of 5¢ – 11¢ months for each of the Reckless Endangerment charges with a weapon, but ran the seven remaining counts concurrently to the first amounting to a total sentence of 11¢ – 23¢ months in county prison.

On April 5, a three judge panel of the Pennsylvania Superior Court heard oral argument on Miller’s appeal. There, a prosecutor for the Commonwealth argued that the conviction should be affirmed. On Tuesday, the Superior Court affirmed the conviction in all respects.

District Attorney Stacy Parks Miller stated, “We are pleased by the Superior Court’s decision. This defendant put young children in grave danger when he callously shot his neighbor’s dog, and this community simply cannot stand for that.”