MINGO COUNTY, W.Va. (WYMT/WSAZ) - A Mingo County man who had his conviction in deadly DUI set aside has now pleaded guilty to his role in that crash that killed a passenger.
In September, a jury found Joshua Miller responsible for a fatal crash that killed a 21-year-old Adam York and injured two other people in the SUV Miller was driving.
The crash happened along Corridor G near Borderland in Mingo County in October 2011.
During his trial, a jury convicted Miller of felony reckless DUI causing death and misdemeanor DUI causing death.
But during Miller's sentencing hearing in early November, Judge Michael Thornsbury threw out the conviction due to problems with a juror, poor evidence collecting and possible procedural error. A new trial date was then set in the case.
On Monday, Miller pleaded guilty to the lesser charge of DUI causing death.
Prosecutor Michael Sparks says that as part of the plea agreement, he recommended that Miller receive the maximum sentence of one year in jail.
Sparks also recommend that Miller receive only credit for time served at Southwestern Regional Jail, and not credit for time served while on electronic home confinement.
Miller will be sentenced on January 31.
Sparks says everyone in the SUV at the time of the crash was intoxicated. He also says each person willingly and voluntarily got into the vehicle.
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