Pocono News Section

Man Accused in Deadly Arson Will Head to Trial

Man Accused in Deadly Arson Will Head to Trial - Wednesday, March 5, 2008 at 5:02PM EST

Reported by: Laurie Monteforte
Wednesday, Mar 5, 2008 @05:02pm EST

MARSHALLS CREEK, MONROE COUNTY - James Miller, of Northampton County, will go to trial to face charges that he set a deadly fire in Marshalls Creek.

"He is not a killer. He is not a killer. This is the first trouble this kid has ever gotten into," said Miller's mother in an exclusive interview.

While she believes her son is innocent, police say he set the fire that killed Jack Bates last month. Bates was 81 years old. Miller was working as his caretaker.

During a preliminary hearing Wednesday an officer testified Miller admitted he was depressed and he "Just had a little urge to set a fire." That officer also said that there was a fire at Miller's home in January. That fire appeared to come from an extension cord.

Millers father said the young man never had any fire setting issues.

Inside of the courtroom a fire investigator told the judge Miller told him three versions of the story. It was in the last version that he admitted he set that deadly fire.

"It really will be up to everybody to kind of measure the circumstances under which those statements were made and then what they might mean in that context," said Miller's Attorney Wes Niemoczynski.

He said it will be up to a jury to decide who to believe. Meanwhile Miller's mother believes this is an unfair attack on her son. "He's always been treated like that all through school Everybody puts him down," she said.

After answering a few questions Miller's parents pushed the camera away but Niemoczynski stuck around and said he will now prepare for the homicide trial. "We'll be boiling this down to see what it ultimately means," he said.

Prosecutors did not comment. They said they can not talk to the media about the case before the trial starts. A trial date has not been set.