Zachary Miller admitted last Thursday to leaving K-9 Nyx in a hot patrol car for several hours, resulting in the animal’s death, according to documents filed Monday in Natrona County Circuit Court.
A judge sentenced Miller to six months in jail, but suspended the time behind bars in favor of six months of unsupervised probation.
Miller was ordered to pay $3,000 in restitution to the town of Mills during his time on probation. He was also required to complete 100 hours of community service at Metro Animal Control.
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| Killed by Zachary Miller: K9 Nyx was cooked alive inside a boiling hot police car |
The officer’s restitution will be reduced to $2,200 if he completes the volunteer time.
Miller had previously pleaded not guilty to misdemeanor animal cruelty. His case was set for trial tomorrow.
The officer left the dog in his patrol car for more than six hours on July 9 while the vehicle was parked outside the police department, according to an investigator’s affidavit. The car was running, but the air conditioning was turned off and the windows were up.
Miller was suspended with pay for a week starting the day of Nyx’s death, Mills police chief Bryon Preciado said. Miller returned to work following an internal department investigation. The results of the investigation are not being released by the police department.
The officer is back on active duty and will remain with the department, Preciado said Wednesday.
The affidavit states Miller arrived at the police department at 5:30 a.m. He left shortly after to respond to a call with the other officer working that day, Jake Bigelow. The two returned to the police department with Nyx in the vehicle about 6 a.m.
The officers went inside the department, leaving the dog in the car, and did not return until about 12:20 p.m. The outside temperature had risen from 53 to 86 degrees, according to the affidavit.
Police dogs are allowed inside the station, Preciado said.
Nyx was a 10-year-old black Lab who had been with the department since 2006. Miller had been her handler for the past two years, during which Nyx lived with his family and went on family vacations.
The department’s K-9 program is being suspended while policies are reviewed, Preciado said.
Local residents protested at the Mills Police Department on Aug. 23, claiming Natrona County prosecutors should have charged Miller with a felony.
District Attorney Mike Blonigen said in August prosecutors could not bring more serious charges against the officer because Miller showed no intent to kill the dog.
The Mills Police Department is paying Jensen Art Studio to construct a bronze statue of Nyx, which will be placed in front of the station. The statue will be unveiled during a public memorial service. Preciado said that service has not yet been scheduled.
Miller was represented by Casper defense attorney Craig Silva. Natrona County Assistant District Attorney Trevor Schenk prosecuted the case.
(Billings Gazette - Nov 12, 2014)
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