Day two of bank robbery trial focuses on BB gun

IOWA CITY - The danger of BB gun use, including eye injury, was the main focus of questioning during the second day of testimony in the first-degree robbery trial for James F. Miller.

Miller, 27, of North Liberty, is accused of robbing the Hills Bank branch at 25 Highway 965, North Liberty on July 16, 2009. Miller allegedly pointed a loaded BB gun at a bank employee and threatened to kill her before fleeing the scene with $3,500 in cash. Trial is being held in Johnson County District Court.

In order for a jury to find Miller guilty of first-degree robbery, prosecution must prove he purposely attempted to inflict serious injury or he went armed with a dangerous weapon. Defense attorney Pat Ingram said the BB gun Miller allegedly used during the robbery, a Crossman Pro77, should not be considered a dangerous weapon.

Iowa City police Sgt. Dave Droll, in testimony,  said the Pro77 has a warning label which says the gun could cause fatal injury. He added the warning label is significant because BB guns that fire at 350 feet per second or higher are federally required to display the warning labels.

“Based on the ability to inflict injury, it is required a warning be posted on the gun,” he said. “That is required of all manufacturers that sell in the U.S.”

Sixth Judicial District Judge Marsha Bergan halted testimony around 2:45 p.m. and postponed the trial until Thursday morning due to inclement weather. Thursday's testimony will begin with the defense's first witness as the prosecution rested just before the recess.