Jury convicts Greenfield man of felonious assault

A Greenfield man has been sentenced to five years in prison after a jury seated in Highland County Common Pleas Court convicted him of a second-degree felony count of felonious assault.

Daniel Miller, 46, was indicted by a Highland County grand jury in February. The indictment stemmed from an incident in December 2022 in which he was accused of “knowingly causing serious physical harm” to a victim.

Following the trial Monday, July 31, it took the jury less than an hour to deliberate and return a guilty verdict.

Throughout the trial, evidence presented by Highland County Prosecutor Anneka Collins showed that Miller and the victim were at drinking at a Greenfield establishment on the night of Dec. 21, 2022. The victim was cut off by the bartender and lashed out at the bartender and other patrons.

In response, Miller “shoved” the victim into a machine at the bar, Collins said, causing the victim to fall and crack his head on the floor and knocking him unconscious. Miller then “straddled” the victim and “hit him in the face,” Collins said.

The victim was transported to Adena Greenfield Medical Center, then flown to Grant Medical Center. He suffered a skull fracture and brain bleeding in three different places. The victim continues to suffer from seizures and memory loss, according to Collins and testimony from the victim.

Miller’s defense attorney, William Settina, characterized the victim as a “large” individual who was “physically and verbally abusive” as well as heavily intoxicated at the time of the incident. Settina argued that Miller “held an honest belief” that individuals at the bar “were going to suffer physical harm” due to the victim’s actions and that the victim was the one who “started this sequence of events.”

In his opening statements, Settina said that Miller’s actions “were reasonable,” and that he “did not use more force than reasonably necessary” to stop the victim.

The jury viewed security camera footage and heard testimony from several eyewitnesses, including the bartender and four patrons of the bar, who spoke about the fight and the incidents leading up to it. Another individual who did not witness the altercation, but responded to the bar, also testified.

The bartender said that the victim’s head hitting the floor was “the worst sound I ever heard, like a baseball hitting times 20, times 10. It was an awful, awful noise.” Another described it as “very loud cracking sound.” Several witnesses said they saw the victim bleeding from his head and his ears, with one person saying she made a phone call to say she thought the victim might be dying.

The doctor who evaluated the victim in the AGMC emergency room also testified about the victim’s injuries. In response to questioning from Collins, the doctor confirmed that death would be a “concern,” while seizures and memory loss were “absolutely” possible side effects from the injuries.

The victim took the stand Monday afternoon, saying that he had very little memory of the night’s events. He is still undergoing treatment for dizziness, is on medication for seizures and suffers memory loss, he said. He also testified that he and Miller had argued twice before Dec. 21.

After presenting testimony from the Greenfield police officer who investigated the incident, the state rested Monday afternoon, and Miller took the stand in his own defense.

Miller testified that he felt threatened and was trying to “repel [the victim] away from me.” Collins pointed out that Miller was the “only one who has testified differently,” with other witnesses saying the victim did not pose a threat.

In closing arguments, Settina said that the state was “trying to minimize” the victim’s behavior, including his “drunkenness,” speaking obscenities and pushing another patron into a row of chairs. He described the victim as “very drunk” and “out of control” and argued that incident was the victim’s fault. According to Settina, Miller was only responding because he had “seen a wrong” and wanted to “get involved.”

Collins responded that according to the law, “words alone do not justify the use of force,” and she argued that “being drunk is not grounds for a skull fracture.” She said that while the defense “wants you to believe” Miller was a “knight in shining armor,” he was “the first one to get violent.”

The prosecutor said that “consistently,” witnesses who testified at trial agreed that the victim “didn’t threaten anyone.”  Miller “is the only one” who said otherwise, Collins said, and he’s “the only one with a bias and a reason to tell a different story.”

Regarding the charge itself, Collins argued that the state proved three elements of “serious physical harm” — that it was “of such gravity as would normally require hospitalization,” which it did; that it “carries a substantial risk of death,” which was the doctor’s testimony; and that it “involves some permanent incapacity, whether partial or total, or some temporary, substantial incapacity,” which is evidenced by the victim’s continued seizures.

“Watch the undisputed video evidence,” Collins told the jury. “It’s obvious this defendant and only this defendant caused serious physical harm to [the victim].”

The jury began deliberations at approximately 4:30 p.m., and the court returned on the record at 5:15 p.m., with Highland County Clerk of Courts Ike Hodson reading the guilty verdict.

After the jury was polled at Settina’s request and subsequently dismissed, Coss said he would proceed with sentencing. Collins asked the judge to consider “a substantial term of incarceration,” explaining that Miller had a previous felony conviction for vehicular assault in Highland County Common Pleas Court from an unrelated bar fight years earlier, as well as other County Court assault charges.

The victim said he “agreed 100-percent” with the prosecutor.

Settina told the judge that he thought “the jury got it wrong” and said that Miller “acted in a way that he thought was best” and was “remorseful.” He argued for a “lower-level period of incarceration.”

Miller also addressed the judge, saying he was “truly sorry for everything that happened.

“Things got out of hand,” Miller said. “I thought I was protecting somebody and standing up. I didn’t mean to hurt [the victim]. I have no ill will toward him.”

In reference to Settina’s comments about the jury reaching “the wrong conclusion,” Coss said: “The speed of the verdict shows clearly that the jury sure didn’t see it the way you did, and quite honestly, I don’t, either.”

Coss added that the evidence showed Miller was “the first person who started the physical altercation.

“You could have walked away from this situation,” Coss told Miller. “Quite honestly, I think you wanted this to happen, because your history shows you like to beat up on people.”

The victim “clearly wasn’t in fighting shape,” Coss said,  and the video showed the victim “wasn’t throwing any punches” to anyone.

“You basically sucker punched [the victim] from behind, then grab him and throw him on the ground, crack his skull open and he bleeds all over the floor,” Coss said. “His injuries are serious, and he’s going to live with that the rest of his life. For what? For you to show you’re a real tough guy? You’re not. You’re just a coward.”

Coss sentenced Miller to five years in prison, with jail time credit of one day. Under the Reagan Tokes Law, Miller could serve up to seven and a half years in prison.

“As long as you’re drinking, you’re a danger to the public,” the judge told him. “In this case, you’ve caused severe physical injury.”