-Assault with a deadly weapon, not a firearm (weapon alleged is a cane) (Felony) section 245- 4- c
-2 counts of assault with force likely to cause great bodily injury – (Felony) section 245-a 4
-Inflicting injury on an elder or dependent adult likely to cause great bodily injury –( Felony)
-Battery with serious bodily injury – (felony) section 243 – d
-2 counts of criminal threats ( felony)
-Battery – (misdemeanor) section 243- a
Well folks, this is probably the arrest of the off-season and more details/charges have arisen since the initial story broke out on this one. Early Monday morning 9/5- Mr. Miller was trying to enter a hotel room that was not his, which was being stayed in by an elderly couple. After the couple’s son staying next door, told Mr. Miller he had the wrong room, Mr. Miller allegedly attacked the son and the father came to his aid. Reportedly a cane was used in the melee which sent both the father and son to the hospital. Mr. Miller was released by the 49ers after the arrest. Using an elderly man’s own cane against him as a weapon is pretty twisted.
Previous to this incident, Mr. Miller was seen at a sandwich shop getting into an altercation because he wanted their brisket sandwich. It must have been a good sandwich.
Now for the points breakdown. The capping rules are stated as follows.
Felonies: 1st felony gets full points. 2nd felony gets half of the points tier and each additional felony charge of a similar nature results in 1 point. (Note for heinous crimes like rape and murder, the capping system will be lifted)
Misdemeanor: 1st misdemeanor gets full points and each additional misdemeanor charge of a similar nature gets 1 point.
Criminal threats and assaults are going to be considered to be similar, all felonies too.
4 (full) points for assault with deadly weapon, 2 ( half ) for first criminal threats, 1 for the other criminal threat and 1 point each for assault with force likely to cause great injury. (9)
The Batteries are obviously similar, but I am keeping the son and old man charges separate, because he did beat up 2 people.
Elder abuse felony- (full) 4 points, 1 felony count of battery with serious bodily injury (half) 2 points. the son assault- 3 points for the misdemeanor. 1 bonus point for the send off and 1 additional bonus point for the last (presumed) arrest.
4+2+1+1+1 +4 +2+3 +1+1 = 20 points for the Santa Clara 49ers.
I did check and I gave the 49ers 2 bonus points at the end of the season last year for the final arrest with Ahmad Brooks.