Kyle Lee Miller

WARSAW — A Warsaw man who attacked a police officer nearly a year ago was sentenced in Kosciusko Circuit Court Monday, Sept. 23.

Kyle Lee Miller, 32, 1823 Cambridge Drive, Warsaw, pleaded guilty to six charges in two separate cases. In case F6893, Miller was found guilty of possession of methamphetamine, a level 6 felony; and possession of paraphernalia, a class C misdemeanor. In case F6932, Miller was found guilty of attempted residential entry, a level 6 felony; battery to a law enforcement officer, a level 6 felony; and two counts of resisting law enforcement, both class A misdemeanors;

On Sept. 26, 2018, Warsaw Police Officer Daniel Clemens responded to a report of an unwanted person at a residence. A woman told Clemens that a man she did not know attempted to enter her residence. She provided a description of the man to Clemens.

Miller told the woman he wanted a drink of water. The woman said she told him to get the water from a nearby garden hose. After Miller drank from the hose, he then went to the front door and was told to leave the residence. Miller then went to the side door and attempted to enter that door and was again told to leave.

Clemens found a man on Lake Street that matched the description provided by the woman. The man, identified as Miller, fled from Clemens and refused to obey any commands. Miller grabbed the door handle of a vehicle that was passing by, as if attempting to enter the vehicle.

Clemens stated that Miller then took an aggressive attitude and approached him. At that time, Clemens used his taser on Miller.

Miller then charged at Clemens and struck him.

Clemens fired several gunshots at Miller, who continued to charge toward the officer. Miller suffered a gunshot wound to his upper arm. During the altercation, Miller jumped into the back of a passing pickup truck, where he was eventually subdued and arrested.

Miller was transported to Kosciusko Community Hospital for treatment of his injuries. At the hospital, while officers were changing handcuffs, Miller resisted and attempted to get the handcuffs under his feet.

In court today, Miller and his attorney, Travis Neff, said that incident was the result of a combination of improper medication and substance abuse. 

“I’m not sure what was going on in Mr. Miller’s mind in September of 2018,” said Deputy Prosecuting Attorney Matthew Buehler. “In the time since these things have occurred, I think Mr. Miller has shown some signs of trying to get it together.”

Miller’s sister spoke in his defense at the sentencing. She said he is now a completely different person and has been seizure-free for seven months.

In the past, the more seizures Miller had, the longer it took for him “to come back to being Kyle,” the sister told Circuit Court Judge Michael Reed.

“Self-medication is doubly dangerous,” Reed told Miller. “Don’t medicate yourself.”

In case F6893, Reed sentenced Miller to one year at the Kosciusko County Jail for the charge of possession of methamphetamine and 60 days in the county jail for the charge of possession of paraphernalia. Reed ordered that the sentences be served concurrently. He then suspended that sentence and ordered Miller to serve the sentence through formal probation. 

In case F6932, Reed sentenced Miller to one year for each of the four charges. Reed ordered that counts 1, 3 and 4 be served concurrently but consecutive to the sentence for count 2. Reed said he had no objection to Miller serving the executed portion of the sentence through community corrections or the work release program. 

Miller was given a total of 119 days of jail time credit in the two cases as well as 246 days of Community Correction time credit. He was ordered to complete a substance abuse evaluation