Ex-marshal to receive psych evaluation; family refuses to serve as custodians

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ST. CROIX - Nicholas Miller will remain jailed at least until he is able to receive a psychological evaluation and treatment for a mental illness that authorities believe is causing violent behavior.

The former V.I. Superior Court deputy marshal and U.S. Marine appeared Tuesday before Superior Court Judge Douglas Brady to be advised of his rights on charges of grand larceny, destruction of property and tampering and causing damage to a vehicle in connection with a car break-in Sunday night.

Brady advised Miller that if he is tried and convicted, he could face more than 10 years in prison.

According to police, Miller was seen on surveillance video breaking into a woman's vehicle and removing items when it was parked on Church Street in Christiansted.

After a lengthy sidebar discussion with defense and prosecution attorneys, Brady said he would order that Miller undergo psychological evaluation to determine his mental state, his mental state at the time of the crime and what immediate treatment is needed for him to become stabilized.

The judge set bail at $35,000, but defense attorney Nesha Christian Hendrickson said she had spoken with Miller's family, who said they are unable to serve as custodians for him because of his fragile mental state at this time.

Brady ordered that Miller be returned to Golden Grove Correctional facility and go through the evaluation and administered treatment if necessary.

This is not Miller's first appearance on the other side of the law.

Miller was arrested April 15, 2013, after reports that he had assaulted and robbed a man of $250 at a Christiansted bar.

While being held on a robbery charge, he escaped custody from Golden Grove Adult Correctional Facility and remained on the lam for more than 16 hours before he was captured.

Miller has acknowledged in court that he suffers from mental illness and was treated at a Veterans Affairs facility last year. Parties involved later agreed that if his family was able to identify a facility and had him flown off-island for the treatment, he could go. That was done and charges in connection with the robbery and escape from custody were withdrawn with a statement of no prosecution. Prosecutors said then that they did not want to pursue the criminal charges because of Miller's mental condition.

However, Miller was returned to the territory earlier this year after being discharged from the program unsuccessfully.

He is scheduled to be arraigned Aug. 27 at 9 a.m.

- Contact reporter Fiona Stokes at 714-9149 or email fstokes@dailynews.vi.

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