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Miles murder trial delayed

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TBO.com
Published: November 11, 2012

BROOKSVILLE - Brittany Miles, who was found guilty last week in a Pasco County courtroom of a lesser charge of battery on a law enforcement officer, still faces a first-degree murder charge in Hernando County and life in prison if convicted.

Miles had faced an attempted felony murder charge for a rampage in 2011 that injured a Pasco deputy. But Pasco jurors found the former exotic dancer guilty of the lesser charge instead of a possible life sentence for the murder charge. She also was found guilty of escape, fleeing to elude and driving under the influence. She faces a possible sentence of 35 years in prison when she is sentenced on Dec. 4.

Miles, 22, was scheduled to face a first-degree felony murder charge in Hernando County this week in the death of motorcyclist, Henry McCain, 67, who was killed during the rampage that began in Pasco County.

However, Assistant State Attorney Bill Catto said Wednesday the trial was recently continued until Jan. 22 because a medical examiner was unavailable for the trial.

While initially Catto said Miles' Hernando County murder charge could be amended depending on the outcome of the Pasco trial, he said nothing had changed following Wednesday's conviction on the lesser charge.

He added the only Pasco County charge that affected his case was the fleeing and eluding charge, which she was found guilty of by the jury.

Miles' pretrial is set for Jan. 17. If Miles is found guilty of first-degree murder, she faces life in prison, Catto said.

Miles was stopped on the morning of May 10, 2011, and arrested on a charge of driving under the influence. Seated in the back of a sheriff's cruiser, authorities say, Miles managed to wiggle her right wrist out of handcuffs and escape, bolting to her red Dodge Ram pickup.

Pasco Deputy Ashley Grady reached through the truck's window while standing on the running board. A short time after the truck sped off, Grady said she was pushed from the vehicle, her body landing on southbound U.S. 19. She suffered assorted injuries, including a cut on the back of her head, a concussion, a broken left tibia and cuts to her arms from rolling on the pavement. Miles contends she didn't push the deputy.

Grady, a Pasco deputy since June 2010, testified Miles had failed sobriety tests in the parking lot of a Hudson business before she broke loose from the sheriff's cruiser and ran to the pickup.

After a lengthy chase just past the Hernando County line, Miles' pickup slammed into McCain, killing him.

Miles told the court when she was pulled over, she had about eight Xanax pills in the truck. She said she wanted to hide them because she didn't have a prescription for the medication. She claims a friend gave them to her for anxiety issues.

She initially hid the pills in her underwear and testified Tuesday that while in the back of Grady's patrol car, she swallowed the pills. She said by the time she escaped to her truck, she was feeling the effects of the prescription drugs. According to her testimony, she didn't know Grady was on her truck. She also said she didn't intentionally elbow Grady from the truck, which Grady testified was the case.

"What it comes down to in that vehicle, in that moment did Brittany Miles intentionally shove that deputy out the window," Aaron Delgado, attorney for Miles, said. "Brittany Miles says no she didn't."