Daniel Miller Jr. was sent back to prison Oct. 12 after violating terms of his probation and suspended sentence he received for his 2005 conviction of felony child abuse and malicious wounding of a 22-month-old boy. Miller was 27 when he was convicted.
According to court documents, Miller was watching the toddler, the son of his girlfriend at the time, and became irritated because he would not stop crying. He was convicted of beating the child, resulting in bruises and a broken jaw. He also used a torch lighter and made circular burns along the child’s arm and burned and “X” on the child’s wrist. Evidence was presented that X was Miller’s nickname, because of his obsession with the rapper Xzibit.
Medical professionals testified that it was the worst case of child abuse they had ever seen. A jury fixed his sentence at 20 years. During the sentencing phase, the judge suspended five years of the 20-year sentence to ensure some supervision upon his release from prison. Miller was released from prison in December 2017. In February 2018, he was arrested and later convicted of DUI and using illegal narcotics.
During the hearing on the probation violation, Commonwealth’s Attorney Jim Plowman submitted information to Judge Irby related to the underlying offense since she did not preside over the original case.
“I felt it important that Judge Irby review the facts of this horrible case and the severity of Miller’s behavior,” Plowman said.
The boy’s grandmother also testified at the probation revocation hearing to describe what the boys has gone through growing up, including significant dental work for his cracked infant teeth. While doing well otherwise, her grandson is now 16, but has regularly suffered from headaches. She also provided pictures of her grandson’s arms, where scars can still be seen from the burns and are more visible during the summer months.
Judge Irby revoked the five-year balance of the suspended sentence, returning Miller to the Virginia Department of Corrections to serve the remainder of his time.