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A Kansas City man accused of missing a point-blank shot-to-the-head during a marijuana robbery three years ago, had his trial delayed again yesterday, in San Diego’s North County Courthouse.

It was in April of 2010 when Phillip Esquire Miller IV put a gun to the head of a man from whom he took three pounds of marijuana, according to a prosecutor.

Miller made acquaintance of one man at a medical marijuana dispensary in downtown San Diego, and the two reportedly commiserated about the poor quality and high price of “medicine” available there. According to testimony at a court hearing a year later, that acquaintance referred Miller to a man in Vista who would sell him three pounds of better marijuana at a better price. Miller is accused of going to that man’s home on April 21, 2010, and smoking samples of “Kush” marijuana for more than one hour, before he put a gun to the head of his intended victim. The alleged victim survived to testify against Miller in court.

Prosecutor Patrick Espinoza has charged Miller with attempted murder and armed robbery and assault with a deadly weapon – reportedly a .40 caliber Glock handgun. The case was filed as a three-strikes-crime, with life in prison as a possible sentence; the prosecutor alleges Miller has prior felony convictions.

Phillip Esquire Miller IV, now 28, pleads not guilty to all charges through his private defense attorney, Herb Weston. Miller, who is currently at liberty on bond, reportedly lives in Kansas City, Missouri. His next court appearance is scheduled for August 14, 2013, in San Diego’s North County Superior Court.

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Comments

jemsd May 16, 2013 @ 7:02 a.m.

Although I am not quite sure why someone with prior felony convictions can "allegedly" shoot somebody in the back of the head with a hand cannon three years ago and still be out in society across multiple state lines, I suppose it's a testament to the 'stellar' job his private attorney is doing. In any case, it would have been nice if the article went into, or at least stated, why the trial was again delayed. Did Miller even have to bother to be at the hearing for the latest delay? I'm guessing that his lawyer is using every trick in his scumbag to delay the trial ( and his clients incarceration) for as long as possible. Money may not change the inevitable, but it sure the hell can delay it.

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Eva Knott May 16, 2013 @ 9:11 a.m.

Certainly private defense attorney Herb Weston looks to be worth every penny. He is busy, we see him in court almost daily. The prosecutor does not give me clear answers, when we ask about the delays. So we are all left to speculate about possible plea deals, or what the accused is offering up, in exchange for his continued liberty? Say, is that photo you use as an avatar a bird giving the bird? Very punny ! Fondly, Eva

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jo2themo Aug. 15, 2013 @ 6:04 a.m.

Are you still covering this case? I enjoyed your first article on this case it was well written and informative, however there are a few inaccuracies. If your interested shoot me an email or a private message in this site and I'll fill you in. But in any case please write another article after the trial.

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