Commonwealth Journal

Local News

March 7, 2008

Miller family files lawsuit against Lester

Wrongful death claimed by mother, daughter of slain man

The family of a man killed during a New Year’s Eve get-together has filed a lawsuit against the victim’s accused murderer in Pulaski Circuit Court.

Geraldine Miller and Keri Miller, the mother and daughter of Timothy Dewayne Miller, 41 – who was shot in the chest and killed Dec. 31, 2007 at a party at Cumberland Manor – filed the lawsuit Thursday morning against John Lester, Miller’s accused murderer.

“The complaint basically speaks for itself,” said Ralph Gibson, the attorney representing the estate of Timothy Miller. “Mr. Lester shot and killed Mr. Miller, and that’s a wrongful act on his part.”

The wrongful death lawsuit claims that Lester, 30, “intentionally discharged a gun directly at the person of (Miller) with the purpose and intent of causing great bodily harm and/or death to (Miller).”

Keri Miller and Geraldine Miller are seeking damages against Lester, claiming that “as a direct and proximate result of the foregoing described intentional conduct and other wrongful acts of the defendants ... (Miller) was caused to wrongfully die and the estate of (MIller) has suffered damages, medical and funeral expenses and the destruction of (Miller’s) power to earn money.”

The lawsuit also states that Miller was “caused to suffer and sustain extreme painful and agonizing injuries prior to, and culminating in, his tragic death.”

The document also claims that Lester’s actions during the incident were “intentional, premeditated, malicious, oppressive, and evidenced a flagrant indifference to the life of (Miller).”

The lawsuit is the latest development in a long line of incidents involving the case.

A preliminary hearing held in January to determine whether the case will go before a grand jury revealed that Lester had been romantically involved at some point with Keri Miller, and that Lester and Timothy Miller were reportedly involved in an altercation regarding Keri Miller and Lester’s relationship and her unborn baby when the shot was fired.

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