SAN ANGELO, TX -- Robert Lamar Miller is accused of killing his wife in 2005 in Grape Creek then moving her body to the old San Angelo Speedway on FM 2105 near San Angelo and burying the body there. Miller has been jailed in lieu of $750,000 bond since his arrest March 2, 2017.
Miller’s court appointed attorney Brian Raymond filed a motion with the district court to suppress 18 interviews of Miller including confessions and a polygraph. That motion was heard by district Judge Jay Weatherby Thursday afternoon.
In the motion, Raymond says Miller kept asking for his attorney to be present and law enforcement officers ignored his requests violating his right to legal representation. District Attorney John Best told the judge Thursday that Miller never requested his attorney be present and law enforcement officers read him his Miranda Rights on several occasions and Miller waived those rights on video and audio and in writing.
The motion to suppress hearing began with several law enforcement officers being sworn in as witnesses. Raymond invoked “the rule,” which means witnesses cannot talk about their testimony or the case with anyone and can’t be present in the courtroom to hear anyone else’s testimony.
With that admonishment, Best called the state’s first witness, Tom Green County Sheriff’s Deputy William Fiveash. Fiveash, Deputy Andrew Alwine and Texas Ranger Nick Hanna arrested Miller in Brady on March 1, 2017 on an unrelated warrant.
Fiveash testified for over an hour about his interviews of Miller and the circumstances of his arrest. At one point, Best played a portion of an audio recording of Miller telling Fiveash that he had tried to call and write his attorney (Raymond) and hadn’t heard from him. Fiveash is heard on the recording telling Miller they could stop the interview if Miller wanted to, but Miller declined and continued the interview.
When Raymond cross examined Fiveash, the attorney said Miller could be heard saying his attorney should be present. Miller said his attorney should be present on the audio, but he also said he would continue the interview without his attorney.
As we reported last March, According to the (Yoder) affidavit, LuDonna Gail Yoder said she was living with Robert and Michelle (the victim went by her middle name) in December 2005. In her confession to Detective and Sgt. Billy Fiveash of the TGCSO, LuDonna admitted she and Robert premeditated the murder of Michelle.
The plan was set into action on Dec. 3, 2005. According to LuDonna, Robert had briefed her a predetermined signal. Her role, she said, once the signal was given, was to place a pillow over Michelle’s face and suffocate her to death.
On the day of the murder, “LuDonna Gail Yoder stated on the predetermined signal, she readied herself as planned, and held a pillow to her chest in a ready position,” the affidavit states. Robert then violently grabbed Michelle and pinned her down on a bed, holding her arms down as well. LuDonna told Fiveash that she placed the pillow over Michelle’s face and the plan was for her to suffocate Michelle. However, LuDonna told Fiveash that instead, she removed the pillow from Michelle’s face but left the pillow within reach of Robert.
LuDonna told the detective, “Robert Lamar Miller II then grabbed the pillow, lunged on top of Naomi Michelle Miller, 'and suffocated Naomi Michelle Miller until Naomi Michelle Miller ceased to move and had voided her bladder.’”
LuDonna claimed during the attack she remained on the edge of the bed and made no attempt to stop Robert as he suffocated his wife with a pillow.
After Michelle was dead, LuDonna told Fiveash how she and Robert hid the body. The scheme started at the home where the three were living on Glass Rd., between Grape Creek and Carlsbad. According to what LuDonna told the detective, she assisted Robert in hiding Michelle’s body in an area in the rear of the residence. This was where investigators found a modified kitchen floor to gain access to what was described as a “depression” consistent with storing a body. Fiveash stated that in 2015, in a consent search from the residents at the time, K-9 cadaver dogs alerted on the scent that indicated a body had been where LuDonna said she and Robert initially hid Michelle’s body.
LuDonna stated that in March 2006, she assisted Robert in removing Michelle’s body from the Glass Rd. residence and transporting it to the former San Angelo Speedway in the 3000 block of FM 2105. There, LuDonna said she assisted Robert placing Michelle’s body in a ditch. Then, LuDonna said she rode on a “maintainer” Robert drove, keeping lookout, while Robert buried the body on the south side of the racetrack.
Miller has a final pretrial hearing set for July 10 and his jury trial for murder is set for July 23.
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