County

Boise Copper Accused Of Smacking Mate

Ada Sheriff’s deputies arrested an off duty Boise copper early Friday and charged him with misdemeanor domestic violence.
Gary Miller
Court records indicate bond has been set at $5,000 for Gary Miller. He was also charged with simple battery for allegedly grabbing the arm of a crime scene investigator who was making a video recording of the victim.

About six years ago Miller, then a “ten year veteran,” was popped him for DUI by Idaho State Police. He was not booked or photographed at the jail after the DUI, but this time was different.

The GUARDIAN offered several critical questions after the DUI arrest, but he managed to keep his job.

While Miller is due his day in court, it would be logical to conclude his days as a copper are numbered. He is currently suspended from Boise PD.

Since the charges are only misdemeanor, he will be able to have a weapon even if convicted. It should seem laws regarding domestic violence are in conflict with the Idaho Constitution ARTICLE I, Sec 11… “Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.” Of course there is a difference between “confiscation” and “prohibition,” but if a domestic violence offender has a gun, it would seem difficult to get it away from him without “confiscation.” Another example of poorly worded Idaho law.

Also, based on other news events, including former Canyon Prosecutor John Bujak’s candidacy for Governor, he could switch to a career in politics.

Comments & Discussion

Comments are closed for this post.

  1. Las Vegas Rebel
    Mar 14, 2014, 9:00 pm

    Once you are convicted in Idaho of domestic violence, weather felony or misdemeanor, you are no longer allowed to carry a gun. You are now known as a prohibited possessor.

  2. A good example of how the general public forgets such things in a month or two…
    When the first arrest happened it was no doubt…. “well let’s be quite about this and things will blow over”..

    No doubt.
    Since the 2009 arrest, did anyone in the public, media, or our watchdog Guardian ever stop to ask, Hey what about that police guy arrested last year? Is he still on the job?

    Just the way it is… survive the initial media blitz and everything will be okay.

  3. Trevor David Hitchin Kaufman
    Mar 14, 2014, 9:31 pm

    I called the Judge to voice my concerns….this guy is a danger to himself and others. Why not psych ward for Miller….I hope you go to prison, gen pop. 16 yrs I helped pay your salary???? You made us (Boise) real proud…I hope we lose 2/3 of you, start fresh. Ill write you and your bros at Christmas….

  4. If it is a misd. DV he wont be carrying a gun…. Unless things work different for cops…I would imagine the he will only get convicted of disturbing the peace.. which will not only allow him to keep his job.. but also keep his gun….

    EDITOR NOTE–check the updated version of the post. Idaho Constitution may allow possession of firearm and constitution trumps statute.

  5. The SCOTUS has ruled that domestic violence laws that take away your right to bear arms are constitutional. I don’t like the idea of losing a constitutional right on a misdemeanor conviction.

  6. vince miller
    Mar 14, 2014, 10:46 pm

    I believe there is a federal law that states any peace officer and is convicted of domestic violence loses all gun carrying rights etc.

  7. Las Vegas Rebel
    Mar 14, 2014, 10:54 pm
  8. I stand corrected editor… how would that work with the federal background check I wonder…

  9. There are IMHO some very interesting things in this story. 1. Why was he there when the statement was being recorded? Seems a little weird for a “perp” to be present while the “vic’s” statement is being recorded, I’m pretty sure that it is not standard procedure. 2. I am wondering why if he battered a CSI… I assume as cop also… was he charged with simple battery not felony battery on an LEO? If a “citizen” “batters” and battery on an LE can be as simple as a chest bump…which will be charged as a felony… you can make bank on that? 3. If he was “popped” for a DUI 6 years ago why is there no record of his arrest on the repository site? Also why was he not booked and photographed at the time of his arrest like any regular citizen would have been?

    I am sure the battery will be dismissed… the DV will be pled down to something that does not have DV in it.. allowing him to keep his gun, badge, and probably $60k a year salary. Statistically LEO’s are 4 to 5 times more likely to be involved in DV incidents… and 2 to 3 times less likely to be convicted of a DV. Anyone remember the sheriff of San Francisco county cali… he pled to a DV… and as of 2012 was still the county top cop… gun and all… Proves there are rules for cops… then there are rules for everyone else… That needs to stop…

    You are correct with your Id constitution quote… it is section 11 not 1 though. While the Id constitution guarantees the right will not be taken away on misd. offences 18 USC 922 g (1-9) says…. it shall be unlawful (for) any person (who) (9) has been convicted in any court of a misdemeanor crime of domestic violence to own posses…ect.ect…(a firearm)
    Mac… the Castleman v Tenn. Case has not been decided yet… I wonder why if we are taking guns from people who commit domestic violence crimes because they might use a gun in the future are we not taking cars away from DUI offenders because they might kill someone with a car in the future… why don’t we ban a person who rob’s a bank form ever entering a bank again… Common sense needs to become involved in the law again… you cannot makes laws because someone “might” do something in the future…

    I assume Trevor is a cop trying to incite the arguing so comments on this will be stopped as soon as possible…

    EDITOR NOTE–Your points are worth considering as usual. Coppers from Boise were on the scene about midnight, but some “special consideration” was obviously initiated to eliminate the cries of “conflict.” Hence the Ada deputies responded. All bets are off now. They may end up with some sort of plea bargain, but Bower will no doubt send it off to another prosecutor. Regardless, POST will not tolerate a repeat offender within the ranks. He will lose his certification if terminated by BPD.

  10. I bet two Quatloos he gets his job and gun back. This is Idaho!

    EDITOR NOTE: for you upon-library types…Quatloo can refer to:

    A currency used in the Star Trek episode The Gamesters of Triskelion
    or quatloos.com, an internet fraud awareness website.

  11. Dog, you are completely wrong. He will be terminated. I do not even think the department will let him resign. But of course, that is just a guess! No way they will keep him after this. If he stays, Masterson goes.

  12. vince miller
    Mar 15, 2014, 4:13 pm

    I’ll take that bet Rick, bet he is fired and loses his POST stuff like editor said. Also, read the statesman article, it says the CSI or whatever from Ada was videoing the scene, not the victim statement etc.

    Again as statesman said about the DUI, he got a withheld judgement, and judge dismissed the DUI after his term of probation, which does happen to others also.

  13. If a person is willing to go fist-a-cuffs with a person that they supposedly love, that begs the question what exactly are they prepared to do to people that they look at less favorably.

    I say that every “conviction” that was due to this guy’s arrest needs to be reevaluated for abuse of power.

    I really hope Idaho is rational enough NOT to elect Bujak.

    Fitting that these two should be put together, Bujak for Gov. and this fist-a-cuffs cop for Lt. Gov. They would make a good team. Their motto could be “do as I say, not as I do, or you will get hurt, then I will destroy your life. Resistance is futile”

    EDITOR NOTE–Some inappropriate comments were edited from this comment.

  14. Rick is correct: Federal law prohibits the carrying of a gun with a conviction of misdemeanor domestic violence, state law allows it. He is gone.

    “LEO’s are 4 to 5 times more likely to be involved in DV incidents… and 2 to 3 times less likely to be convicted of a DV.”

    Can you cite a source for this? It is a pretty big claim if no actual numbers can be proven…unless it is just someone’s opinion or estimate…

  15. ahhh… you totally decimated the essence of my comment…
    and it was not inappropriate!

    EDITOR NOTE–We just can’t go with name calling and conclusions of guilt.

  16. LJ, Thanks for the input and the opportunity to provide some statistics.
    This was copied directly from the National Center for Women and Policing web page.

    Two studies have found that at least 40% of police officer families experience domestic violence, 1, 2 here are their references…

    1 Johnson, L.B. (1991). On the front lines: Police stress and family well-being. Hearing before the Select Committee on Children, Youth, and Families House of Representatives: 102 Congress First Session May 20 (p. 32-48). Washington DC: US Government Printing Office.

    2 Neidig, P.H., Russell, H.E. & Seng, A.F. (1992). Interspousal aggression in law enforcement families: A preliminary investigation. Police Studies, Vol. 15 (1), p. 30-38.

    I cannot find my where I got the 2-3 times number but, the following was also taken verbatim from the previous site, the references will follow.

    “The reality is that even officers who are found guilty of domestic violence are unlikely to be fired, arrested, or referred for prosecution, raising concern that those who are tasked with enforcing the law cannot effectively police themselves.5, 6, 7 For example:

    In 1998-1999, 23 domestic violence complaints were filed against Boston police employees, but none resulted in criminal prosecution.6

    The San Diego City Attorney typically prosecutes 92% of the domestic violence cases that are referred, but only 42% of the cases involving a police officer as the perpetrator are prosecuted.11

    Between 1990 and 1997, the Los Angles Police Department investigated 227 cases of alleged domestic violence by officers, of which 91 were sustained. Of these 91 allegations that were sustained by the department, only 4 resulted in a criminal conviction. That means that the LAPD itself determined in 91 cases that an officer had committed domestic violence, but only 4 were convicted on a criminal charge. Moreover, of these 4 officers who were convicted on a criminal charge of domestic violence, one was suspended for only 15 days and another had his conviction expunged.12

    In fact, an in-depth investigation of the Los Angeles Police Department conducted by the Office of the Inspector General concluded that the discipline imposed on officers found guilty of domestic violence “was exceedingly light when the facts of each incident were examined” (p. i).12

    5 Levinson, A. (June 29, 1997). Abusers behind a badge. Arizona Republic.

    6 Police departments fail to arrest policemen for wife abuse (November 15, 1998). The Boston Globe.

    7 Feltgen, J. (October, 1996). Domestic violence: When the abuser is a police officer. The Police Chief, p. 42-49.

    11 Thornton, K. (May 11, 1998). Police and domestic violence. San Diego Union-Tribune.

    12 Domestic Violence Task Force (1997). Domestic Violence in the Los Angeles Police Department: How Well Does the Los Angeles Police Department Police Its Own? Office of the Inspector General”

    Using these references I am almost spot on with the 4-5 times more likely to perpetrate DV but, I am way low with the 2-3 times less likely to be prosecuted.

    LD, look up stats for people with a DV. The vast majority will not have a violence related arrest in their record. Do a little research into the root causes of domestics and you may find your very narrow attitude is way off base.

    EDITOR NOTE–Rick, thanks for the research. I hope some of the command coppers take the time to check out your sources. Good reporting and the proper way to make your case.

  17. Trevor David Hitchin Kaufman
    Mar 15, 2014, 10:50 pm

    Me a cop? You know nothing about me…I would rather you call me a murderer than a cop.

    CNN posts my rants. You should too…
    ‘IndigoBro’

  18. thanks for the follow up Rick.

    Isn’t this something that is already widely known? I don’t mean that sarcastically… it’s just a pretty well known point LEO as a career are more likely to perpetrate DV.

    So, Guardian, on your point of ‘hope Command takes the time to check out sources’– I hope (and expect) they don’t have to check the sources. They SHOULD already know it. !!!

    But then again, he was already arrested for a serious offense– still on patrol driving vehicle.

  19. Trevor David Hitchin Kaufman
    Mar 16, 2014, 12:00 am

    Boise PD needs a strawberry picking…learn from King City, CA.

    When the tentacles of corruption run deep….the rebalancing can be gnarly.I would hate to be Masterson or Bieter or Butch in 2015…..and beyond. The fan and the peverbial law enforcement doo-doo are colliding….

    The bigger they are….timber!

    Gracias….now go arrest more Chiefs.

  20. Enough. This “news” site no longer serves any useful purpose, has no focus and is completely out of control.

  21. right right… I forgot the B.G. really isn’t as objective as you would have everyone think.
    Name calling was not in my post. And I was making direct juxtapositions between the known facts about bujak and this cop. And their willingness to victimize people close to them, thus making the connection that they are willing to victimize people they little about, i.e. the general public.

  22. Outside sources have informed me that I probably should not take Vince’s bet. So I will take their advice. Touché Vince. In my defense statistics say that termination was unlikely. My hat is off to the chief if he does go through with the termination, it will send a signal that he really is trying to not do “business as usual in BPD.

    I want to make it clear that I wish Mr. Miller no ill will and I hope that his road to recovery is as smooth as it can possibly be.
    With that being said, I know this is becoming my mantra but, he has to be treated the same as any other person which I will say again has not happened so far in this case IE being present with the CSI’s and the incredibly low bail amount. I hope it does going forward and I intend to make as many of his court dates as possible to see first hand if it does.

  23. Easterner… I did not take it sarcastically… and yes you are right.. to a point.. this is known.. but unfortunately it is not “widely” known or I dare say maybe it is just ignored. LE is taught in POST that when they are on scene they are in control…(“COMMAND PRESENCE”) this sense of ultimate control cannot help but permeate into every situation they find themselves in. This becomes a problem when they have to be right… no matter what… and come in contact with someone equally assertive.. the old immovable object scenario.. I have said before and will say again that this is a major training problem that has become systemic in LE and will continue.. and unfortunately it seems to be getting worse.

    You are correct that “command” should already know this… POST should already know this and should have been acting on this info long ago. If you notice the dates on the references I posted they are not real recent, 1990’s to be exact. I apologize to all that I do not have access to more recent data, since graduating I no longer have access to BSU’s library and all the search engines I used.

    I will partially disagree with regarding his previous arrest. “IF” he was taken out of his patrol car while the DUI sanctions were in effect then allowed to drive after I have no real problem with him remaining as they say “on the job”, if he was allowed to keep working as he had before (driving) then there is a major problem. I do not know if he was or not so I am not accusing the dept. of anything. It is becoming apparent that he is following the pattern of most abusers, drug and or alcohol comes first then the physical.

    Right now it seems all that is left in this situation is to see if Dave’s assertion that he will no longer be employed in LE is correct. I certainly hope he is not but, I do hope he gets counseling and can make the life changes he so desperately needs.

    EDITOR NOTE–To all: I will not close this post to comments at this time, but unless you have something important to add, let’s give it a rest for now.

  24. Rod in SE Boise
    Mar 16, 2014, 11:29 am

    Another example of different systems of justice in this country, depending on who you are. Cops, prosecutors, politicians, movie stars, and rich people are treated VERY leniently compared to the rest of us. And then there is the whole racial thing. Black people and poor people are treated MUCH more harshly than other groups.

  25. Objective? What does that have to do with the BG website. This is a forum to throw rocks nothing more. There is no reporting. Hell I can post other reporters articles on a website and write an opinion under it posing as “objective”. Ok we get it. Miller screwed up. But he wasn’t on duty acting under the protection of his badge in either case so it becomes a PERSONAL ISSUE and GOSSIP only. Who really cares. He is one of millions of men and women arrested for abuse or DUI. Maybe if some of our local reporters felt a little energetic, they might actually do some snooping out there and find a real story. But if I want some real news I’ll pull out my old high school newspaper and read about how serious it is that there are no more Zingers sold at lunch time.

  26. “Between 1990 and 1997, the Los Angles Police Department investigated 227 cases of alleged domestic violence by officers, of which 91 were sustained.”

    The numbers aren’t adding up. By the numbers you put here, and considering the LAPD has around 10,000 Police Officer’s the percentage of one being involved in a domestic violence case is around .0032% (at least in LA).

    That is lower than the national average of instances in the United States among the general population which is showing around 1.3% for women.

    I agree domestic violence is a problem, but claiming cops are 4-5 times more likely to batter isn’t accurate.

    Only one of the sources you provided was from a study, the rest were opinion sources.

    Patricia; Thoennes, Nancy (November 2000). “Full Report of the Prevalence, Incidence, and Consequences of Violence Against Women”. National Institute of Justice, United States Department of Justice.

  27. Interested Citizen
    Mar 16, 2014, 3:01 pm

    Rick,

    I like your analysis and observations and identification of pertinent issues.

    One issue that you raised of pertinence to me is, why is the DUI not reported on the Idaho Repository?

    Let me give the forum some HARD FACTS:

    I was arrested on a false charge which originated in Canyon County, jailed for four days before being arraigned, prosecuted wrongfully for five months, after which the charges were dismissed.

    The Canyon County prosecutor and judge failed to adhere to the Idaho Code, which requires that when a case is dismissed, a reason for the dismissal must by law, be entered into the record.

    Further, I was subjected to repeated irregularities at the hands of the court clerks (who were so inept that they could not correctly record court hearing dates, and so forth), the prosecutors (who could not even keep their court dates correctly), the magistrate judge (who, along with the bumbling clerks and prosecutors could not keep court dates correctly) who issued an incorrect and inept warrant for my arrest for failure to appear (for an incorrect court date), and so forth.

    My arrest and all the details of my case are still reflected on the Idaho Repository, even though the charges were false and eventually dismissed.

    So, why is Officer Miller’s case not fully reflected on the Idaho Repository, so all of this friends, family, coworkers, girlfriends, and so forth can peruse it?

  28. LJ you would be correct if we are only talking about LAPD… what was the rate for citizens of LA during the same period of time… evidently 4-5 times less than it was for LAPD. I did not compile the #’s I am just reporting what a peer reviewed journal reported. We can agree to disagree… no amount of data would sway you anyway.

    We have to use the 227 number since there are only numbers for arrests… not substantiated arrests for citizens and average that out for 7 years and use the 10k number you came up with that is .00324 per year. Using data from the State of California
    Office of the Attorney General
    Bureau of Criminal Information and Analysis
    CRIMINAL JUSTICE STATISTICS CENTER
    REPORT SERIES the rate averaged for the same time in the entire state was .00162 amazingly twice as much and that is just one dept. LAPB vs an entire state. How many other dept’s. are there in cal? Both of those reference are not supposition… they are verified data sorry but it bears out my statement and probably make my numbers a little on the low side.

  29. Interested Citizen
    Mar 16, 2014, 4:47 pm

    The taxpayers of Boise most likely paid higher insurance rates to have a DUI police officer driving the squad cars as well.

  30. Because Idaho law allows for 1…one… withheld judgment. If an individual completes all of the “programs” probation… DV classes… drug/alcohol classes ect. assigned by the court on time and to the courts satisfaction the court can then erase the incident completely from your record.

    I am sure that the arrest can still be found… if one looks hard enough. In Mr Millers case it seems he completed all of his “sanctions” to the satisfaction of the judge and was granted the remedies associated with the “withheld”.

    In the spirit of disclosure I have experience with DV court. I learned the ins and outs while going through the programs. I learned that there are many reasons DV happens.. not ever DV perp is a monster. After completing the program I got my degree in psyc. from BSU and am currently working on a program to help individuals who struggle with these type issues and many others. I hope I do not come off pompous, I am sure some times I do and it is not my intention. I just get very emotional when confronted by the misconceptions surrounding any type of mental illness.

    I would like to apologize for some very glaring typo’s in my last post… I some times get a little too excited and do not proof read… plus I type real real bad.

  31. Interested Citizen
    Mar 16, 2014, 4:49 pm

    What does the forum suppose that the result of the DUI stop would have been if it had been made by the BPD, rather than Ada County?

    Hmmmmmmmmmmmmmmmmmmmmmm.

  32. The story says the DUI stop was State police…

  33. Interested Citizen
    Mar 16, 2014, 8:22 pm

    Yes, the stop was made by the Idaho State Police. I stand corrected.

    My point was that the result of the DUI stop may have been far different if it had been made by the BPD. For example:

    Oh, hello Gary! I didn’t realize it was you. How’s it going tonight? Hey, just be a bit more careful about that centerline, OK? Hey, did you just rinse your mouth out with Listerine? See you tomorrow down at the department, OK?

    One set of rules for most of us, and another set of rules for cops, right?

    But, the point is much larger than this. Government lacks accountability at most levels, and so-called “professional law enforcement” is one of the most egregious offenders.

    EDITOR NOTE–We have to jump in here. The ISP made the DUI stop, arrested him and he was convicted six years ago. In the case of the recent DV call, BPD arrived, spotted the conflict and to avoid even the perception of favoritism they called in the sheriff who arrested the guy. Time to let the courts and BPD command work their magic before jumping on all coppers.

  34. I think I read in one of the articles that this guy received a withheld judgement on the DUI…which means he can petition to have it taken of his record, so it likely won’t be on the Idaho Repository.

  35. Where did u read that LJ? Two posts above yours

  36. vince miller
    Mar 17, 2014, 2:45 pm

    Again guys you have to read other sources! Read the Statesman article, it says it was a withheld judgement and after he successfully completed probation, the judge did remove from his record, just as I put in my post on March 15th!!

  37. Considering u do not know the story of why he was arrested for domestic violence don’t be to quick to judge this is my uncle and ppl do make mistakes sure if he did it then lock him up but I have never known him tobe a violent person

  38. Because.. as a person who knows a bit about DV where there’s smoke there’s fire… and more than likely there have been multiple fires. I am by no means trying to convict him in public opinion.

    I will be honest my agenda is to see if he keeps getting the preferential treatment that he so far has been afforded in this case and his DUI case.

  39. Excellent point Bec. This is nothing like a video recording of a police officer BLATANTLY violating a citizen’s civil rights that was sluffed off because she , to paraphrase, was a good officer of 23 years. Or the complete lack of interest in a 2 year federal investigation in to this department that NOONE knows anything about, including this department’s chief. But an off duty cop in his own home is accused by another individual of an action that really, like it or not, boils down to he said she said……………and there are almost 40 comments of the most disgusting sort (comparing cops to MURDERERS or words to that effect), apparently hours of research to show what a scumbag he/all cops are and how the system is skewed in cops favor. If he were on duty and excessive force were used, or perjury took place in the court room, or he was high or intoxicated on duty, or he used his position to STEAL items from the citizens of Boise….THEN I could understand this FIXATION with this man. But I think it REALLY IS TIME that someone reign this pathetic example of hypocrisy in and maybe just maybe focus on some issues that really are important and impact this city. This is nothing more than the Call of the Wild and mob mentality now. Change the term “police Officer” to accountant, or reporter and fill in the blank. How about giving him as much benefit of the doubt as the “heroine of YouTube” was given and shut down these comments now.

  40. Rick, thanks for the stats… I always get in trouble when making such comments… now we have the numbers.

    As for this case: I know nothing about this specific case… nor do any of you. And it is for this reason that I think most arrests should not be public information until after a conviction. Officers frequently make wrongful or erroneous arrests which fail in court.

    Devil’s advocate moment about our society and laws: Have domestic violence laws been hi-jacked by the people who believe woman good, men bad? Are they just an extension of the vast anti-man marriage and divorce industry? Do you know any happily married men? Really? be honest. Most I meet feel like a hostage.

    I advise young men to avoid marriage and co-habituating. In doing so you are giving up most of your constitutional rights. Bonus, due to modern feminism, sex, companionship, children, family, etc. is all fully available without marriage/cohabitation.

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