Evan Miller

Case record: Evan Miller

Status and sentence

Evan Miller was sentenced to spend the rest of his life in prison. He was sentenced to life in prison without parole on October 20, 2006.

Timeline

• July 15, 2003 — Evan Miller, then 14, and his 16-year-old codefendant, Colby Smith, robbed and beat their neighbor, Cole Cannon; they then set Cannon’s trailer on fire.
• July 16, 2003 (until 6:00 AM) — Firefighters responded to extinguish the fire at Cannon’s trailer; Cannon’s body was later discovered by firefighters in the hallway leading to the back bedroom.
• August 1, 2003 — Dr. Adam Craig performed a full autopsy after an earlier external examination and initial ruling.
• July 31, 2003 — Deputy Tim McWhorter transported Miller from the Tennessee Valley Detention Center to a mental-health evaluation.
• August 4, 2003 — Deputy Tim McWhorter transported Miller to a second mental-health evaluation.
• July 24, 2003 — Deputy Blaxton, Investigator Sandlin, and other law-enforcement agents met at Cannon’s trailer to conduct a full fire investigation.
• October 20, 2006 — Miller was sentenced to life in prison without parole.
• December 2006 (Oct 21, 2006 reported) — A Lawrence County jury found Miller guilty of capital murder in connection with a beating and burning of a neighbor; Circuit Judge Phillip Reich sentenced Miller to life in prison without parole.

The offence

In July 2003, then 14-year-old Evan Miller and his 16-year-old codefendant, Colby Smith, robbed and savagely beat Miller’s neighbor, Cole Cannon. After beating Cannon to the point that Cannon could not get off the floor, Miller set Cannon’s trailer on fire. Cannon’s body was later discovered by firefighters after they were called to extinguish the fire.

The case narrative included that Miller and Smith stole $350 and baseball cards from Cannon before beating him with a baseball bat and setting Cannon’s trailer on fire, leaving him to die.

Investigation

Fire and evidence findings

Firefighters, who were called to the trailer park to extinguish the fire at Cannon’s trailer, noticed blood on the coffee table and blood spatters on the wall. This led the firefighters to the discovery of Cannon’s body in the hallway leading to the back bedroom.

Fire Marshal Richard Montgomery conducted the initial investigation and concentrated on the north bedroom where most of the damage from the fire occurred. The investigation was later turned over to Investigator Tim Sandlin of the Sheriffs Department after Fire Marshal Montgomery indicated that the fire was “obviously suspicious.”

During the investigation, Deputy Blaxton noticed blood spatters on the wall, a table, a pillow, and a towel. Deputy Blaxton identified four points of origin for the fires, including:

• a large one in the south bedroom that spread down the hallway;
• a second one on the bed that had been completely consumed by fire;
• a third one on the couch; and
• a fourth one that originated from a cushion that had been placed on the floor before being set on fire.

Statements and missing items

After talking with Cannon’s family members, Investigator Sandlin became aware that items, including Cannon’s wallet and some trading cards, were missing from the trailer. Cannon’s wallet was eventually recovered from underneath the couch in Cannon’s trailer, but Cannon’s driver’s license was missing. Investigator Sandlin removed a baseball bat from underneath the couch.

Susan gave Investigator Sandlin a box of trading cards. Miller and his mother agreed to ride with him to the sheriffs office to give statements. At the sheriffs office, Investigator Sandlin obtained basic information from Miller and read him his rights from the juvenile Miranda form. Miller and his mother both signed before Miller began recounting the events of the night of July 15 and the early morning of July 16.

In his first statement to Investigator Sandlin, Miller initially told him that on the evening of July 15, he was at his trailer watching a movie, denied going over to Cannon’s trailer, and claimed he did not learn about the fire at Cannon’s trailer until the fire department arrived the next morning. When Investigator Sandlin asked Miller to begin by describing the morning’s events and work backwards to the previous evening, Miller became “frustrated and agitated” and told Investigator Sandlin “to forget all that, that that wasn’t true.” Miller then requested that everyone except Investigator Sandlin leave the room. After Miller’s mother and juvenile officers left, Miller gave another statement which Sandlin typed up for Miller to read and sign.

In Miller’s second statement, he explained that on the evening of July 15, his family was getting ready to go to bed when Cannon came over to use the telephone. While Cannon was at his trailer, Miller went over to Cannon’s trailer where he found trading cards that “looked like they were worth money.” When Cannon returned around midnight to get something to eat, Miller went to Cannon’s trailer to get the cards. Around 2:00 or 3:00 a.m., Miller and Smith returned to Cannon’s trailer to drink beer. Miller said that, as the evening progressed, Cannon became so intoxicated he had trouble standing and eventually fell down, hitting his nose and lip on the table. Miller stated that when he tried to assist Cannon, Cannon grabbed him by the throat.

Miller said Smith pushed Cannon off of him as Cannon grabbed a bat and hit Miller on the arm. Smith then grabbed the bat from Cannon and hit Cannon on the arm. Afterwards, Smith threw the bat down and Miller kicked it under the couch. Miller stated that he punched Cannon several times in the face, and then, after seeing Cannon’s wallet on the floor, he took about $300 in cash and a driver’s license. After Miller and Smith heard Miller’s mother knock on the front door and tell them that police were on the way, they ran out the back door and could hear Cannon asking, “Why did you do this to me?” After hearing this, Investigator Sandlin called Deputy Fire Marshal Lyndon Blaxton to let him know he had “additional information” on the fire.

Autopsy and cause of death

Dr. Adam Craig performed the initial external examination on Cannon’s body. Because he claimed there was no indication Cannon’s death had resulted from a crime, Dr. Craig did not perform a full autopsy and initially ruled that Cannon’s death was an accident caused by the inhalation of smoke and soot.

After further investigation, Investigator Sandlin requested Cannon’s body be exhumed so that a full autopsy could be performed. On August 1, 2003, Dr. Craig performed a full autopsy and discovered several injuries not caused by the fire, including a two-inch contusion to the left side of the forehead caused by blunt force and six rib fractures on both sides of the body. Dr. Craig determined from hemorrhaging that these injuries occurred before Cannon died.

Toxicology showed Cannon’s blood-alcohol level to be .216. Dr. Craig reaffirmed that the cause of Cannon’s death was “inhalation of products of combustion,” but added that “multiple blunt force injuries and ethanol intoxication” were contributing factors that made it more difficult for Cannon to breathe in the fire or escape from the burning trailer.

Mental-health evaluation transports and Miller’s comments

Deputy Tim McWhorter of the Lawrence County Sheriffs Department testified that on July 31, 2003, and August 4, 2003, he transported Miller from the Tennessee Valley Detention Center to two different mental-health evaluations. Deputy McWhorter said he engaged in “small talk” with Miller and did not interrogate him, talk about the murder investigation, threaten him, or offer Miller any benefit for making a statement.

During the first trip, Miller asked Deputy McWhorter:

• “if he had previously told something that wasn't true but now wanted to go back and tell the truth, would he get in any trouble.” Miller also told Deputy McWhorter that he deserved “to do some time in a correctional facility, that he was not innocent and he had been involved in the assault on Mr. Cole Cannon.”

During the August 4 trip, Miller told Deputy McWhorter that he “had been really messed up” when Cannon died because he had taken two Klonopin tablets and had drunk most of a fifth of whiskey. Miller stated that he and Smith went to Cannon’s trailer after Cannon told them that he had some “acid,” but when they got there, Cannon refused to discuss anything but music. When they attempted to leave, Cannon grabbed Miller by the neck. Miller then “slammed Mr. Cannon really hard” because he was “really pissed off.” Miller knew the autopsy would have revealed marks and bruises because “they had roughed him up pretty good.” Miller said he could not remember everything, but “the more he thought about it, the more it made him think he started the fire.” Smith later told Miller that Cannon had died in the fire.

Trial

Offence facts described at trial

The evidence presented at trial established that on the evening of July 15, 2003, Smith was spending the night at Miller’s trailer. Around midnight, Cannon came over complaining he had burned his food and asking if they had something he could eat. Cannon appeared to have been drinking. Smith smelled alcohol on Cannon’s breath and noticed Cannon was “staggering.”

While Miller’s mother was preparing some spaghetti for Cannon, Miller and Smith went over to Cannon’s trailer to look for drugs, but they were unable to find any. The two found and stole baseball trading cards. They returned to Miller’s trailer. When Cannon finished eating, Cannon returned to Cannon’s trailer. Miller and Smith then went back to Cannon’s trailer intending to get Cannon intoxicated and steal his money.

Miller and Smith smoked a joint and played drinking games with Cannon until Cannon passed out on the couch. While Cannon was unconscious, Miller stole Cannon’s wallet and took it into the bathroom where he split a little over $300 with Smith. While Miller attempted to put the wallet back in Cannon’s pocket, Cannon jumped up and grabbed Miller around the throat.

Smith grabbed a baseball bat and hit Cannon on the head. Miller climbed onto Cannon and began hitting him in the face with his fists. Despite Cannon’s pleas to stop, Miller picked up the bat and continued to attack Cannon by striking him repeatedly with it. Afterwards, Miller placed a sheet over Cannon’s head and told Cannon:

• “I am God, I've come to take your life.”

After Miller hit Cannon a final time with the bat, Miller and Smith returned to Miller’s trailer. A few minutes later, Miller and Smith returned to Cannon’s trailer and attempted to clean up the blood. They set several fires to cover up their crime. Initially, Smith used a lighter to start a fire on a couch in the back bedroom, while Miller set another fire on a different couch “to cover up the evidence.”

As they were leaving, Smith saw Cannon “[j]ust laying there.” Feeling sorry for Cannon, Smith placed a towel under Cannon’s head to attempt to stop the bleeding. Smith turned on the faucet in the kitchen sink and stopped it up, hoping the water would extinguish the fires. Smith heard Cannon asking:

• “Why are y'all doing this to me?”

Approximately 10 minutes later, Smith returned to Cannon’s trailer alone, heard Cannon coughing, and saw smoke coming out while Miller was behind him. Smith returned to the Miller’s trailer.

Jury and verdict

An Alabama jury convicted Evan Miller of capital murder during the course of first degree arson. The material also stated that Miller was convicted by an ALL FEMALE jury (mostly mothers) of Capital Murder-Arson and Capital Murder-Robbery. It also stated that the jury returned the first time and “did not understand the instructions” and found Evan guilty of everything, even the lesser included charges, and then had to be re-instructed and sent back.

Sentencing

Circuit Judge Phillip Reich sentenced 17-year-old Evan Miller to life in prison without parole. The sentence was “to spend the rest of his life in prison.”

Appeals

The case included that the Supreme Court of the United States was hearing matters connected to Miller v. Alabama, including a Petition for certiorari and briefs in support and opposition.

Outcome and post-sentencing statements

Victim family statements and Miller’s apology

Cole Cannon’s oldest daughter, Candy Cheatham, did not accept the apology Miller offered. She said:

• “You say you're sorry? You have no idea what kind of pain we went through. It's very difficult to plan your father's funeral and to pick out his headstone” She also said she was pregnant and described consequences for her children. She stated:
• “They're not going to know their grandfather. He was murdered by Evan Miller and Colby Smith. He was hit with a bat and left in a fire to die. That's what I'm going to have to tell them,” Cheatham showed Miller pictures of her father as a child that she rescued from the ashes of his home. She said:
• “You know, he was a person and he mattered to us. ... I do hope when you're in prison you will find Jesus, but I can't forgive you right now, and I don't think my family can either,”

As Miller was escorted from the courtroom, he told family members he loved them, and they replied, “We love you, Evan.”

Defence mental defect plea and family description of Miller

Miller had pleaded not guilty by reason of mental defect. Susan Miller testified that her son had attempted suicide multiple times, lived in foster care, and had been in and out of psychological programs. After trial, Miller told THE DAILY that his mother did not believe he intentionally killed Cannon. She said:

• “He's not a cold-blooded killer,”
• “... My son got caught up in a terrible, terrible situation. I think Evan felt forced into participating because he was too deep into it.” Evan Miller’s mother said that his life essentially ended at 14 and that he had been incarcerated at Lawrence County Jail for about a year since being certified as an adult.

Other details

Colby Smith plea statement

The material stated that Smith, who testified, agreed to plead guilty to felony murder charges last week in exchange for a life sentence with the possibility of parole. It also stated that if Smith had been convicted at trial, he would have faced life in prison without parole.

Miller’s sister statement

Evan Miller’s sister, Aubrey Miller, said:

• “I feel that they deserve punishment for what they did,” She also said:
• “But neither of them had an adult mind. They are victims of the system, but that is not an excuse for what they did.” She added:
• “But I don't feel that Evan should have been tried as an adult.” Aubrey Miller discussed Evan’s childhood and responsibility. She said:
• “There are a lot of people responsible for a 14-year-old committing murder,”
• “I really believe that my mother and father should share the blame. Not just for that one night without supervision. It started when he was born. ... He wasn't thinking. No one had taught him to think. We were not taught respect and honesty. ” She also said:
• “My daddy will say he tried to do those things, but you don't beat a child into being honest. My mother loves her children, but she's a poor parent.” She extended apologies to Cannon’s loved ones and expressed hope for closure. She said:
• “I feel that Candy Cheatham had every right to say what she said. The whole family is justified in their pain and anger.” She also said:
• “They've waited 3� years. It was very heartbreaking to hear what she said, but they had the right.” She said:
• “I pray that they will find closure to this, and that they will go on. ... I'm glad that they were able to face it today. I hope they will find it in their hearts to forgive Evan. I really can't find all the words that I want to say to them,”

Forensic DNA results

Nancie Jones, the head of the DNA section of the Huntsville Regional Laboratory of the Alabama Department of Forensic Sciences, testified that she examined numerous items for the presence of DNA. She said several items, including an aluminum bat, a towel, and a portion of a gold cushion, tested positive for human blood, but she was unable to obtain usable DNA profiles from the blood on the bat or the towel.

Jones said she was able to use the blood taken from the gold cushion to create a DNA profile that was consistent with the DNA sample taken from Cannon during the autopsy. She testified that she was also able to exclude both Miller and Smith as sources for the DNA found on the cushion.

Jones said bloodstains from the wall in Cannon’s trailer were consistent with Cannon’s DNA profile and inconsistent with Miller’s and Smith’s DNA profiles. She also found bloodstains consistent with Miller’s DNA profile on an Old Navy brand t-shirt and on the underarm portion of a Hanes brand t-shirt. Jones testified she could not exclude Cannon as a second source of blood on the Hanes t-shirt; she also said the blood spatters on the shirt were consistent with someone being hit with an object rather than being shot with a gun.

Mention of medicines and intoxication

The material stated that Smith smelled alcohol on Cannon’s breath and noticed Cannon was “staggering.” Miller and Smith smoked a joint and played drinking games with Cannon until he passed out on the couch. Miller told Deputy McWhorter that he had taken two Klonopin tablets and drunk most of a fifth of whiskey. The toxicology analysis showed Cannon’s blood-alcohol level to be .216.