WURTLAND, Ky. — The lead investigator into the shooting death of former Chimacum resident Chadd E. Miller, who was killed Aug. 7 in this Ohio River town, said Wednesday he would be shocked if Miller’s accused killer is not indicted for murder.
Beryl W. Smith, 33, of nearby Raceland, on Wednesday waived his preliminary hearing in Greenup County District Court on charges of first-degree murder, first-degree burglary and first-degree wanton endangerment.
That clears the way for the case to go to the county grand jury for possible indictments, Greenup County Deputy Sheriff David Bocook said Wednesday.
At about 3:15 Aug. 7, Smith allegedly shot Miller, 27, with a 9 mm handgun while Miller was in bed with Smith’s ex-girlfriend, Amber Nolan, 33, in Nolan’s Wurtland home.
Miller was pronounced dead at the scene. Nolan was uninjured.
Smith was arrested as he stood in the road in front of Nolan’s home holding a 9 mm handgun at about 15 minutes after the shooting, Bocock said.
Miller was killed a few months after he and Nolan met on MySpace and 11 days after Miller had traveled 2,500 miles by Greyhound bus to be with her in Wurtland, a town of about 1,000 with a median income of $25,724.
“The grand jury will more than likely indict [Smith] on capital murder,” Bocook said.
Smith would face the death penalty if convicted.
“In fact, it would shock me if they would refuse to indict,” Bocook said. “That would send shock waves throughout this whole community if that was to happen. I don’t foresee any problems.”
Smith’s lawyer, Tracy Frye, did not return calls for comment.
Grand juries, which hear all felony cases in Kentucky, hold secret proceedings in which the prosecution presents its cases to 12-person panels.
Neither judges nor defendants are present.
Nine of the 12 grand jury members must agree to indict a defendant for the case to go to trial. The Greenup County grand jury meets every Thursday.
Bocook said he and Commonwealth Attorney Cliff Duvall expect to present the case to the grand jury the next four weeks, Bocook said.
“I’ve got one hell of a PowerPoint presentation, so it will take me about 30 or 40 minutes, probably,” he said.
Duvall did not return a call for comment.
Miller, who worked the counter at Westbay Auto Parts in Port Townsend for four years until Aug. 2, 2009, was unemployed.
Nolan is a caretaker at Pathways Inc., a disabled children’s assistance agency, and Smith is unemployed, authorities said.
Miller had a 9-year-old son, Micah, who lives with his mother and stepfather, according to the weekly Leader newspaper, while Nolan has two children, according to a neighbor, Alexis Stapleton.
Nolan and Smith had a child in common, Bocook said.
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Senior Writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.
