Wednesday, 27 August 2008
Court appearance for man charged in fireworks accident Print E-mail
Janice Peterson - Daily Herald   

The Lehi man who set off a homemade firework that critically injured an 11-year-old boy made his first appearance in court on Tuesday.

Craig Miller, 45, is charged with felony child abuse, obstruction of justice and possession of an explosive device in the Pioneer Day fireworks accident that almost killed 11-year-old Bridger Hunt.

Possession of an explosive device, a second-degree felony, carries a maximum penalty of 15 years in prison, while the remaining third-degree felonies each carry zero to five-year terms.

Miller's next court hearing has been set for 2 p.m. on Sept. 30, and his attorney Mark Ethington says the charges will be fought if the case has not been settled at that point.

"We do feel that the charges in this case are excessive," he said. Ethington said Hunt has been making progress, which is the most important aspect of the case. Miller's primary concern is for Hunt's welfare and recovery.

"We're very encouraged about the news about Bridger," he said.

Miller and Mindy Carter Shaw, Hunt's mother, shared a long hug outside the courtroom as she shared words of encouragement. Shaw said she has no ill will toward Miller, and she understands his decision to fight the charges against him.

"I'm absolutely fine with that," she said. "I was aware that he would be doing that."

Shaw said her son can see the scars on his body and understands his condition, but he is not upset.

She and her son want to tackle the situation head-on, but Hunt does not want Miller to be treated harshly.

Shaw said her son told her: "Mom, I don't want that man to be in trouble. I don't even want him to give me any money or anything."

Hunt has been improving over the last week, standing on one leg and beginning physical therapy. So far, his therapy consists of moving him from his bed to another that slowly moves into a chair position. His leg is not working, and Shaw said he will likely be in a wheelchair for a couple of years. Still, Shaw said his condition is a blessing after doctors initially told her to plan the boy's funeral.

In the future, Hunt may need to have a prosthetic leg, but Shaw said it will not matter. He will simply do what it takes to preserve his quality of life.

"We've always made it through things and persevered," she said. "And that's what we're going to do."

Shaw said she has been talking with prosecutors and will continue to do so in the future. John Nielsen, deputy county attorney, said the office always consults victims to get a feel for their concerns in the matter. While prosecutors are interested in public safety, they are not looking to make an example of Miller.

"The state certainly isn't looking vindictively for some sort of example," he said.

Prosecutors also amended a technical issue on the obstruction of justice charge, but Nielsen said the measure was only a clarification and the charge remains the same. Nielsen said the state will not comment yet on the basis of the obstruction charge, and prosecutors will be discussing options to settle the case with defense attorneys.

Hunt is represented by victim's advocates, attorneys Kelly Kennedy and Alan Stewart. They requested the court keep them notified of filings in the case as Hunt's attorneys.

"We simply are just here to support Mindy and Bridger in the criminal case," Stewart said.

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VBrown Aug 28 2008 05:34:25
This thread discusses the Content article: Court appearance for man charged in fireworks accident

My best friend has known this guy since high school. This is not the first time (or even the second) that he has nearly blown someone up playing with explosives. Luckily for him, the previous victims were his mother and his friends.

Maybe he's "learned his lesson." Maybe not. I admire the boy and his family for being so forgiving. But I don't think that the county attorney should let Miller off with a slap on the wrist. He's not some teenager who could plead the excuse of high spirits or youthful stupidity. This guy has a history of messing dangerously with explosives, even if it isn't on the public record.
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