WURTLAND, Ky. — The man accused of killing former Chimacum resident Chadd E. Miller in this Ohio River town Aug. 7 was ordered last week to produce cell phone records at a Greenup County District Court hearing.
Beryl W. Smith, 33, of nearby Raceland was indicted Aug. 7 by a Green up County grand jury for murder, first-degree burglary and first-degree wanton endangerment.
If convicted of murder, he could receive the death penalty.
Smith is being held on $250,000 bail at a Greenup County detention center.
He is expected to enter pleas on the charges at a Dec. 9 pretrial hearing, Greenup County Deputy Clerk Melinda Lawson said.
Smith allegedly shot Miller, 27, with a 9 mm handgun at about 3:15 a.m. Aug. 7 while Miller was in bed with Smith’s ex-girlfriend, Amber Nolan, 27.
Miller was pronounced dead at the scene.
Smith surrendered to authorities without incident outside Nolan’s home.
He is being charged with burglary for allegedly entering her house illegally and with wanton endangerment for allegedly shooting his pistol toward her.
Nolan was uninjured in the shooting.
Miller, a graduate of Chimacum High School and a former counter person at Westbay Auto Parts in Port Townsend, had moved to Wurtland 11 days earlier to be with Nolan, whom he had met on MySpace.
Miller had a 9-year-old son, and Nolan and Smith had a child in common.
Jennifer Barker, representing Smith, did not return calls for comment Monday.
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Senior staff writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladaily news.com.