In addition, he accepted a number of conditions and terms and in return, two cases pending in Batavia City Court from last year will be dismissed. He was arrested in August for allegedly putting his arm around the neck of another person and charged with criminal obstruction of breathing and/or blood flow; and he allegedly injected his dog with an unknown purple liquid, garnering a charge of torturing or injuring an animal in violation of Agriculture and Markets law.
As part of the plea agreement, he agreed to relinquish ownership of his dog so it can find a new home.
Also in 2017, he was arrested on a warrant for allegedly selling crack cocaine on two occasions to an agent of the Local Drug Enforcement Task Force. Then on Jan. 7, he used a couch to barricade himself in an apartment at 20 Washington Ave., then set it on fire.
After a standoff, because Miles had allegedly threatened to shoot police officers, Miles exited the burning apartment through a back window and refused to come down from a roof, before agreeing to climb down a ladder.
He has been in Genesee County Jail since then without bail.
Today the 47-year-old Batavia native, who has a GED, made a factual admission of guilt on count three of Indictment 6074:
- Third-degree arson, a Class C felony. Prison is mandatory. The minimum is one to three years; the max is 5-15 years.
He made a factual admission of guilt on count one of Indictment 6036:
- Third-degree criminal possession of a controlled substance with intent to sell, a Class B felony, but if sentenced to the maximum prison term, becomes a Class C felony. He agreed to pay $160 restitution at the time of sentencing. The minimum is five and a half years, with one to two years of post-release supervision; the maximum is nine years with three years of post-release supervision.
He made a factual admission of guilt on count one of Indictment 6015:
- Second-degree unauthorized use of a vehicle, a Class E felony, for taking a 2000 Mercury Sable and operating it in the City of Batavia on May 18, 2017, without the owner's permission. This would garner an indeterminant sentence of one and a third to four years. He also had to admit to the Special Information filed by the District Attorney in the case wherein he acknowledged having been convicted of the same crime in the Town of Pembroke within the last 10 years.
He will remain in custody until his sentencing, which is set for 2 p.m. on June 22, on the first two counts cited above. Those will run concurrently.
Sentencing on the count in Indictment 6015 is delayed until Aug. 13, pending the submission to the court of blood-test results.
As a condition of his plea agreement regarding the count in Indictment 6015, he must be tested for blood-borne pathogens; why was not explained. Failure to do so will result in voiding the plea agreement and subjecting him to maximum sentence guidelines and/or consecutive sentencing.
Miles has a prior felony conviction but it was 20 or more years ago, therefore for sentencing purposes, he will not be considered a second felony offender.
Judge Charles Zambito ordered a pre-sentencing report.
Henceforth, Miles cannot own or possess firearms. An order of protection was issued for a female victim until May 23, 2019.
Two blondes, neither of whom is the subject of the order of protection, sat in sandaled feet in the front row of the gallery this afternoon and they smiled at Miles when he entered the courtroom in shackles, wearing an orange jumpsuit. His hair was combed neatly and tied in a little graying ponytail in back. The older of the two women, who had ankle tattoos, mouthed something nice as he was led away.
