Four-year sentence for attempted rape of Carlsbad woman

Carlsbad police were contacted early the morning of February 4, 2020, alerted to an attack on a bed-ridden woman in a senior facility. The alleged incident happened at the Elmcroft Senior Living facility at 1088 Laguna Drive in Carlsbad. (Also known as Las Villas de Carlsbad.)

The 73-year-old Asian woman told police she woke up because she was suddenly cold, and she saw that her blankets had been pulled off, and there was a man standing next to her bed. His pants were down and he was handling himself.

The elderly woman said the man had a hoodie pulled over his head and the drawstrings were pulled close to conceal his face, and he was wearing white work gloves.

The 73-year-old woman was bedridden, she was unable to move without assistance, because she had suffered a stroke and the entire left side of her body was immobile. But the feisty woman kicked at the man with her right leg, and she told him she would bite him.

When she screamed the man covered her mouth with his hand and told her not to scream or he would hurt her. The man tried to take off her pants, she was wearing pajama top and bottoms, but she pressed a call button on her necklace, which alerted staff that she needed assistance.

A nurse named Jane responded. It was about 6 a.m., and she was able to push inside the room even though the door had been blocked. The nurse began to hit the man; he then rushed past her and escaped.

Carlsbad police searched, using a tracking K9 and the Sheriff’s Astrea helicopter. The police put out an alert with a suspect description: young white male, 5 feet 9 inches tall, 130 pounds, green eyes and brown hair.

Carlsbad police officer Noa realized he had arrested the girlfriend of a man who matched that description, the day before. So the early morning of February 5, 2020, police Lt. Hargett drove over to the location known for those two transients, behind a Jack In The Box restaurant at 901 Carlsbad Village Drive.

When police spoke with Austin David Miller, he reportedly confessed that he had been under the influence of meth for three days leading up to the incident, and he had pent-up sexual frustration because his girlfriend got arrested. (It appears that Miller committed these crimes on the day of his 25th birthday.) Miller told police he had left his usual place behind the Jack In The Box, and claimed he was looking for a place to plug in his phone, when he entered the room of the elderly, bedridden woman. Miller allegedly told police that he felt guilty, so officers allowed him to write a letter of apology to his victim.

When police announced the arrest of Austin David Miller a few days later, he was described as “an unsheltered individual in North County.” Miller was first detained on a no-bail hold.

The elderly victim passed away two months later, in April of 2020.

On June 30, 2020, Miller appeared by remote video for a pre-trial hearing, at the end of which Honorable judge Amalia Meza ordered Miller to face charges at trial. The judge set his bail at $2,500,000.

In July 2021, defendant Miller made a plea deal.

He admitted first degree burglary and certain crimes against a person 65 years or older or disabled, and that he entered an occupied residence during the first degree burglary. He also admitted lewd conduct as a misdemeanor. The plea deal specified four years in custody, Miller could have gotten more than seven years for the crimes that he admitted.

One month later, on August 13, 2021, Honorable judge Michael Washington sentenced Austin David Miller, 26, to the agreed-upon 4 years. Miller had 639 days custody credits on the date of his sentencing. A note in his criminal file declares that Miller will be allowed to serve his time in “fire camp” if he is eligible.