Joe P. Asher Staff Writer
November 7, 2013
A man accused of complicity to murder in the February death of Damiano Delaney is now scheduled to stand trial.
Justin Miller, 28, of Cumberland, appeared in Harlan Circuit Court on Thursday with his attorneys Jennifer Nagel and Barbara Carnes in front of Judge Henry Johnson to set a trial date.
Miller was arrested by Kentucky State Police on Feb. 17 along with Jody Cooper for his alleged involvement in the death of Delaney.
KSP Sgt. Jackie Pickrell said in a press release shortly after the incident that Post 10 received a call in reference to a possible murder at 1413 Hwy 522 at Rosspoint on Feb. 15 at approximately 10 p.m.
Pickrell said in the release Delaney was found dead in the yard of the residence when troopers arrived on the scene.
Delaney was pronounced dead at the scene by Harlan County Deputy Coroner Jim Rich.
KSP Public Affairs Officer Shane Jacobs released more information on Feb. 16, stating the shooting was possibly drug related and Delaney’s body had apparently been removed from inside the residence. Jacobs said it appeared the suspects were attempting to dispose of Delaney’s body
Johnson set a trial date for Miller on March 12. Cooper is scheduled for trial on the same day.
In other court activity:
* Rachel Harris, 26, of Harlan, was sentenced to two years in prison, probated, on a charge of trafficking a controlled substance within 1,000 feet of a school. Harris was additionally ordered to pay restitution to the Kentucky State Police in the amount of $120;
* Jason Middleton, 29, of Gulston, was sentenced to three years in prison on a charge of receiving stolen property. Middleton was also ordered to pay $5,000 restitution;
* Wayne Middleton, 39, of Cawood, was sentenced on charges of wanton endangerment, tampering with physical evidence, possession of drug paraphernalia and public intoxication (excludes alcohol) to one year in prison. Middleton was granted one year probation, unsupervised, with 10 days to serve on weekends;
* John Barnett, 45, of McRoberts, was granted a pre-trial diversion on charges of theft by deception and theft by unlawful taking $10,000 or more. Barnett was ordered to pay $38,000 in restitution.
Reach Joe P. Asher at 606-573-4510, ext. 113, email@example.com