North Liberty man found guilty of second-degree robbery

After three hours of deliberation, a jury found James F. Miller guilty of second-degree robbery in Johnson County District Court Thursday.

Miller, 27, of North Liberty, is accused of robbing the Hills Bank branch at 25 Highway 965, North Liberty on July 16, 2009. Miller had been accused of pointing a loaded BB gun at a bank employee and threatened to shoot her before fleeing the scene with $3,500 in cash.

Miller was facing a charge of first-degree robbery, but the jury decided the state's evidence was not substantial enough to conclude Miller guilty of the charge. In order for the jury to find Miller guilty of first-degree robbery, the prosecution needed to prove he purposely attempted to inflict serious injury or he went armed with a dangerous weapon.

“It was the verdict we were looking for. If you listen to the closing, that's what I asked the jury to do and they did,” defense attorney Pat Ingram said. “I'm very happy with the outcome.”

Thursday's testimony began with the defense's first and only witness, Arlen Stegen. Stegen has owned Sports Outfitters/Indoor Range, a gun and ammunition store located at 5717 16

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Avenue SW in Cedar Rapids, since 1976. Stegen has retained a firearms permit since 1956 and posesses a Type 7 firearms license, which he said allows him to design, build and posess firearms up to minor explosives.

During Stegen's testimony, he told the jury there are two ways a projectile can cause a fatality – by penetrating a vital organ or hydraulic shock. Hydraulic shock refers a projectile's force when striking an object. In some cases, a projectile's size mixed with its velocity can cause death just from making contact with a human body.

Stegen said the gun used during the robbery, a Crossman Pro77, does not have the ability to penetrate human skin nor could cause death by hydraulic shock. But he admitted during cross-examination the discharge from a Pro77 could cause damage to one's eye.

“At worst, it could take someone's eye out,” he said.

During Assistant Johnson County Attorney Anne Lahey's closing argument, she said the BB gun used during the robbery should be considered a dangerous weapon. She noted the gun displays a warning label saying it could cause serious injury or death and the gun should be treated as a firearm.

“This term BB gun, like it's so meaningless. Like a toy. It says right on there, it's not a toy,” she said. “He didn't bring a toy gun because if you have a toy gun, you can't commit an armed robbery.”

But Ingram argued otherwsie. He said the state was never able to prove beyond a reasonable doubt the weapon used was one that could cause serious injury or death. He also pointed out it could not be proven the gun's CO2 cartridge was funtional the day of the robbery as no one attempted to discharge the gun until over a year later.

Second-degree robbery is a Class C felony, punishable by up to 10 years in prison and a $1,000 fine. His sentencing is scheduled for March 18.

Miller also faces a parole violation because of the alleged 2009  bank robbery. Miller was charged with first-degree murder in connection with the 1998 death of Frank Boyd, whose burned body was found in a ditch in rural Johnson County three weeks after being beaten inside an Iowa City apartment.

Miller, one of four men charged in connection with the death, eventually pleaded guilty to lesser charges and was sentenced to 29 years in prison in 1999. He was put on work release October 2006 and paroled in April 2007.