Trial will go forward for man accused of running over Montana trooper

A Rexford man accused of running over a Montana Highway Patrol trooper in 2023 is set to face trial in April.

Jason Allen Miller, 42, is facing felony charges of attempted deliberate homicide, criminal endangerment, aggravated kidnapping, possession of dangerous drugs and criminal mischief following a Feb. 16, 2023, incident in north Lincoln County. Miller pleaded not guilty to the charges, but he remains locked up in the county Detention Center with his bail set at $1.5 million.

Tpr. Lewis Johnson suffered life-threatening injuries in the incident near Rexford and is still recovering after returning home to Chester, Montana in October 2023.

In a radio interview with Montana Talks (https://montanatalks.com/we-talked-to-trooper-johnson-now-home-in-montana/?mibextid=Zxz2cZ&fbclid=IwAR1WSMo1-NOa4pRaqEtBfBOpKLtEbTDicM2DuQCwdN3g3j0yVy6keKpSxX8), Johnson detailed his grievous injuries, which included multiple broken ribs, a punctured lung, a lacerated liver, a separation of the lining of his stomach, spinal cord injuries, a broken kneecap and dislocated and broken shoulder, as well as the massive outpouring of support he and his family has received.

The trial is scheduled to begin Tuesday, April 16.

Miller, a three-time convicted felon with offenses dating back more than 20 years, appeared on video for a March 18 pre-trial hearing. The bulk of the hearing dealt with discussions involving his defense attorney Daniel Wood’s attempts to find the woman who was in the truck with Miller at the time of the alleged offenses. 

Wood was seeking a continuance in the case while the defense team made repeated efforts to get in touch with the woman because they believed she could provide information favorable to Miller’s case.

“I have an obligation to Mr. Miller to do my level best to find her,” Wood said.

Special prosecutor Thorin Geist said he believed the defense had done its best to find the woman.

“But if she doesn’t appear, we’ll have to drop the kidnapping charge,” Geist said. 

Geist also said the woman wouldn’t be able to provide Miller’s state of mind at the time of the incident.

Wood said the woman previously told Miller’s defense team she wasn’t kidnapped.

“She may have told law enforcement something different, but we feel her information is critical to Jason’s defense,” Wood said.

According to court documents, Jason Parce, an investigator with the Montana Public Defender’s Office, was tasked in March 2023 with finding the woman. He spoke with her on a few different occasions and reported she had information defense counsel deemed, “highly favorable” to Miller’s defense. But Parce couldn’t get the woman to set a time for a more detailed interview.

Wood sought a material witness warrant to secure a criminal disposition, which Flathead County District Judge Danni Coffman granted on March 18.

Court records indicate the woman was taken into custody on March 21 in Flathead County and the warrant was issued to her on March 22 at the Lincoln County Detention Center.

Wood also sought a continuance of the trial to November, but Coffman denied it.

According to charging documents, Miller reportedly told the female passenger in his truck that he was not going back to prison shortly before he allegedly ran Trooper Johnson over.

According to the affidavit of probable cause filed by Lincoln County Deputy Attorney Jeffrey Zwang, county deputies learned that Miller was not reporting to adult probation and parole as required. They also learned Miller was staying in neighboring Flathead County and was allegedly using and selling fentanyl. In early February 2023, Lincoln County deputies were told an arrest warrant was issued for Miller for violating his parole.

On Feb. 16, several officers, including Johnson and county officers Clint Heintz, Bo Pitman and Scott Welchons, were on duty in the Eureka area. At about 2:30 p.m., Heintz told the other officers he had located Miller near his father’s shop in the Eureka area. Heintz said Miller refused to stop and took off in his pickup truck, driving south on Highway 37.

Johnson followed Heintz in the chase with Pitman and Welchons joining in as Miller reached speeds of between 65 and 100 miles per hour while passing vehicles he encountered. According to the charging document, Miller then turned on to Camp 32 Road, lost control of the vehicle and got stuck in a snow-covered area next to the road.

Heintz followed Miller’s truck off Highway 37 and stopped on the highway side of the truck. Johnson drove on to Camp 32 Road past Miller’s vehicle and stopped 30 to 40 yards away. Officers Pitman and Welchons waited at the intersection of Highway 37 and Camp 32 Road.

Heintz and Johnson got out of their respective vehicles with their weapons drawn and approached Miller’s truck, which appeared to be stuck. They began giving verbal commands. After several seconds of not moving, Miller’s truck began spinning out in the snow before gaining traction and drove on to Camp 32 Road. Court documents indicate Miller accelerated toward Johnson, who was standing near the rear of his patrol vehicle, struck the officer and then ran him over before fleeing up Camp 32 Road.

Deputy Heintz remained at the scene to provide first aid to Johnson and called for emergency medical services and an ALERT helicopter. Sgt. Pitman and Deputy Welchons followed Miller up Camp 32 Road. Pitman saw a woman jump out of the moving truck. She was later picked up by other law officers. She said she asked Miller to slow down and let her out of the truck, but he refused, according to the charging document. She also said Miller made a statement to the effect he wouldn’t go back to prison.

Montana Fish, Wildlife and Parks Game Warden Ben Chappelow called Pitman on the radio to offer help before positioning his patrol truck at a choke point near the end of Camp 32 Road where it intersected with another road.

Sgt. Pitman, who was training with Deputy Welchons, ordered him to ram the rear of Miller’s vehicle to stop him from turning around and fleeing back down Camp 32 Road. Miller then allegedly accelerated and rammed Chappelow’s truck which disabled the defendant’s truck and caused significant damage to the warden’s vehicle. Miller was ordered out of the truck and arrested.

After obtaining search warrants for Miller’s truck, officers found a crystal substance that field tested positive for methamphetamine as well as various drug paraphernalia. They also recovered the crash data recorder module from his truck. Their investigation determined the truck’s throttle was 100% engaged and traveling 40 mph when it allegedly struck the game warden’s vehicle.

Miller faces up to life in the Montana State Prison if convicted of the attempted deliberate homicide charge.

Miller is also accused of being involved in an incident in March 2023 involving another inmate smuggling methamphetamine into the county jail. He pleaded not guilty and faces a trial on Sept. 4.