Dankof presided over Miller’s bench trial, or trial by judge, that began Sept. 30. Miller previously waived his right to a jury. The judge found him not guilty of two counts of murder and four counts of felonious assault, according to the verdict filed Oct. 22.
Miller was accused of shooting and killing 22-year-old Dameka Bennett-Ross and injuring a 28-year-old man on Feb. 22, 2023, from the backseat of a car. Dayton officers were called to Kettering Health Dayton after the man showed up at the hospital with a gunshot wound, Lt. Steven Bauer said previously.
While at the hospital police learned of a second victim on state Route 49 near Little Richmond Road. Trotwood police responded and found Bennett-Ross dead inside the car.
Credit: Montgomery County Jail
Credit: Montgomery County Jail
In his verdict, Dankof wrote the state failed to establish beyond a reasonable doubt Miller was the shooter.
However, he said the prosecution did prove Miller had a handgun, shown in social media videos taken that night. Miller was prohibited from having a gun for a 2009 aggravated robbery conviction, according to court records.
Miller’s attorney Lucas Wilder requested the judge to take the nine months his client served in prison on a parole violation after the social media video of him with the gun surfaced into consideration and to sentence him to time served.
“The state could have indicted defendant in April of 2023 but chose not to until he had served is nine-month parole violation sentence,” he said.
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