Man gets life in prison for rape of child

A judge sentenced a Dothan man to serve a life sentence in prison Wednesday for a rape conviction involving a 9-year-old girl.

And unlike most prison sentences, his life sentence means just that. Since the victim in this case was under the age of 12 he won’t be eligible for parole, according to Assistant Houston County District Attorney Nereida Bundy.

Heath Jerome Miller, 30, was restrained with handcuffs and leg shackles and wore a Houston County Jail issue orange jumpsuit as Circuit Court Judge Denny Holloway announced his sentence. 

Holloway sentenced Miller to serve a life sentence in prison for rape and another 15 years for felony enticing a child for immoral purposes.

Miller’s defense lawyer, Shaun McGhee, asked for a minimal sentence and told the court these were his client’s first sexual assault charges on his record.

But the judge only had two options when making a sentence determination, life in prison without parole or life in prison, because of MIller’s criminal record. Miller has at least four felony convictions, which include burglary, theft of property and forgery charges.

“It’s not a slap in the face to the court, but Mr. Miller has pronounced his innocence in this case,” McGhee said.

Holloway initially sentenced Miller to life in prison without parole, but the sentence was changed after McGhee objected.

“I don’t think he has any class A felony convictions,” McGhee said. “Then it’s either life or life without parole. Mr. Miller does not have any class A felonies. We would ask that the sentence be life.”

Miller was also ordered to pay $11,000 in fines for both convictions.

Bundy said according to a 2005 state law, Miller will not be eligible for parole because a jury convicted him of molesting a child under the age of 12.

“We’re pleased with the conviction and the life sentence,” Bundy said. “If he would ever be considered (for release) we would protest.”

A jury convicted Miller last Thursday of both charges and found him not guilty of felony child abuse. Holloway previously dismissed a first-degree sodomy charge filed against Miller. The girl, now 12 years old, testified during the trial that Miller forcibly raped her.

Miller denied during defense testimony that he raped the girl. Miller also said in his defense the girl sexually molested a young boy.

Mary Miller, Heath’s mother, said she believed the jury wrongfully convicted her son, and that he will go to prison for no reason.

“It’s all wrong because he ain’t guilty of none of it,” Mary Miller said. “The jury didn’t have enough evidence, but God will work it out.”