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District court roundup: Man convicted of child abuse receives probation

Wyoming Tribune-Eagle - 9/4/2021

Sep. 4—CHEYENNE — A man who admitted to physically abusing his children on two separate occasions received probation Monday in Laramie County District Court.

Laramie County District Judge Steven Sharpe sentenced Kirk McKay Miller to three years of supervised probation, with a suspended sentence of three to five years in prison. He pleaded guilty in April to two counts of felony child abuse with physical injury, misdemeanor criminal trespassing and misdemeanor simple battery as part of a plea agreement.

Laramie County District Attorney Leigh Anne Manlove argued for an imposed prison sentence for Miller, saying he didn't seem to take accountability for his actions, even blaming his children in a pre-sentence investigation for opening the door while he was drunk.

Ross McKelvey, Miller's appointed public defender for one of the cases, said Miller had completed substance use treatment, and that much of his criminal history could be tied to either drug or alcohol use.

Dion Custis, Miller's attorney in a second case, said that Miller, his wife and children were all in favor of probation, and wanted to be in contact with one another in the future.

Sharpe said it was a difficult decision because children were hurt in both situations. Though he was willing to give Miller probation, he said he wouldn't hesitate to impose a prison sentence if Miller appeared before him again.

The judge also ordered Miller not to have contact with his wife or children until approved by a therapist.

On the evening of Jan. 13, a Cheyenne Police officer responded to a residence for a domestic disturbance. Miller had forced his way into his estranged wife's residence, punching, choking, scratching and biting two of his minor children in the process, according to court documents. Miller had never lived in the residence and did not have permission to be there.

In a previous incident that occurred in the early morning hours of Nov. 15, a Cheyenne Police officer responded to a report of child abuse. Miller had slapped, punched and kicked one of his minor children and spat in her face, according to court documents.

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Also heard Monday in district court:

Judge Sharpe sentenced Lance Lee Gibson to three years of supervised probation, with a suspended sentence of five to seven years in prison. He'd previously agreed to plead no contest to felony interference with a peace officer with injury, misdemeanor eluding and misdemeanor hit and run, according to a plea agreement. He also agreed to pay full restitution in the case.

Additional misdemeanor charges of driving with a suspended license and failure to maintain insurance were dismissed at sentencing, per the agreement.

During Gibson's sentencing hearing, District Attorney Manlove raised what she called "significant concerns" about a pre-sentence investigation Gibson had completed with an agency other than Probation and Parole, citing inconsistencies and other issues. She argued for an imposed prison sentence, as she said Gibson had also violated the plea agreement by failing to enroll in drug court.

Carol Serelson, Gibson's public defender, said Gibson missed two separate appointments with Probation and Parole on the same day, but the first was because of confusion about where the office was, and the second because another appointment ran long. As a result, Gibson had to seek a pre-sentence investigation from another agency.

Like with Miller's case, Sharpe said he was hesitant to follow the plea agreement that recommended probation, but he decided to give Gibson a break he wasn't necessarily entitled to. The judge said Gibson was on "a very short leash."

On May 16, 2020, a Wyoming Highway Patrol trooper attempted to pull over a vehicle driven by Gibson after multiple traffic violations. Gibson failed to stop, and eventually collided with a parked vehicle near the intersection of Pine Drive and Angie Street in Laramie County, according to court documents. Two men, including Gibson, fled the scene.

Troopers found Gibson at his home later that day. When they attempted to arrest him, Gibson acted aggressively and repeatedly ignored the troopers' commands, court documents said. One of the troopers "sprayed a short burst of O.C. spray onto Gibson's face," but he just closed his eyes, continued yelling and acting aggressively.

Gibson resisted the troopers' attempts to physically take him to the ground. At one point, both troopers were bitten on the legs by a pit bull in the home, court documents said. Gibson then pulled one of the troopers onto a couch and, while on top of the trooper, struck his arms and chest, with the trooper returning empty-hand strikes.

Troopers pulled Gibson off of the officer after about 10 seconds, but Gibson then went to grab the trooper's baton. After more empty-handed strikes, the trooper used the baton to get one of Gibson's hands behind his back and take him into custody, court documents said.

Hannah Black is the Wyoming Tribune Eagle's criminal justice reporter. She can be reached at hblack@wyomingnews.com or 307-633-3128. Follow her on Twitter at @hannahcblack.

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