A Google search of my name apparently brings up the Iowa Court of Appeals ruling on my appeal. (2009 Iowa App. LEXIS 101: State v. Miller: Feb 4, 2009)
Allow me to show you how the courts cheat:
First, know this: what happened was by law Assisting Suicide or Voluntary Manslaughter (10 years for either). They made sure I got Murder One (Life Without Parole), and did so by not telling my jury the law – that murder is reduced to manslaughter by serious provocation – and, in the case of my appeals, just not following the law – again, ignoring the serious provocation that made murder into manslaughter.
Jamey was proven suicidal – (same citing as above, ‘Overview’): ‘The victim told defendant that he wanted to die, and there was evidence he had suicidal thoughts.’ (I. Background and Proceedings): ‘Brucker repeatedly expressed a desire to die.’ (Footnote 3): ‘Brucker had a history of depression, including suicidal thoughts.’
And Jamey was on top of me, pinning me to his bed, when I shot him from below:
(Trial Transcripts of Det. Jeff Shannon, p. 389 Line 5…)
Q. And once again, you state in your report that the manner and direction of the shots fired tend to support how Eric Miller said he shot and killed the decedent, correct?
A. I indicated that, yes, but I also indicated other things besides that.
Q. That’s a statement you wrote in your report?
A. I think the direction as to how he said the shots were fired from the physical evidence gathered appeared to be correct.
Q. I’m asking what you wrote in your report.
That in mind, here’s the reasons they gave for turning my appeal down – this is their proof for murder:
‘Miller also told (Det.) Shannon that if he was trying to stop Brucker from raping him, he ‘would’ve just given him the butt of the gun.’
They got this from my interrogation, p. 44: ERIC MILLER: ‘… And if it came down to it and he was still trying to rape me that way I’d just give him the butt of the gun if he didn’t want to die and that would have gotten him off of me, I wouldn’t have killed him, you know.’
See the difference there? ‘Still’? My statement concerns what I’d do if it happened again and had time to think before acting. Thinking ahead, not behind. (Course, turning the gun that way to give him the butt would’ve aimed the barrel at my face, soooo, not a good idea no matter when it was thought…) They used the statement out of context. Then actually had the nerve to follow it up with:
‘Thus, while Miller later tried to claim that he was acting in self-defense, as a result of serious provocation, or with diminished responsibility, the record establishes that he intended to kill Brucker before Brucker tried to force him to participate in anal sex.’
Or how bout these further reasons for murder:
[Note: Brucker is Jamey.]
‘The jury heard evidence that Miller routinely drove his vehicle while under the influence of marijuana and alcohol.’
[TRUE! Not murder, but TRUE! … Stupid, but TRUE! And I was a douchebag for doing it, but still TRUE!]
‘Miller enjoyed firing the shotgun within city limits, often near the interstate.’
[TRUE! Not murder, but TRUE! Note: I never shot at cars like they’re implying. I sat on a hill and shot the shotgun up at the stars to feel the power of the gun. I chose that location knowing the sounds of the semi’s passing below would muffle the sound of the gun.]
‘Miller punched Brucker in the face when Brucker tried to touch him.’
[TRUE! Not murder, but TRUE! Cause that ornery fucker kept trying to grab my dick in the car where I couldn’t get away from him! … He laughed after I hit him too!]
‘Miller put a bladed martial arts weapon to Brucker’s throat when Brucker was too loud.’
[TRUE! …Lotta true’s here, aren’t there. Damn. … Anyhow, TRUE! Not murder, but TRUE! And Jamey laughed at that too, and I took it away from him and thought him ‘brave’ for his reaction! …Hehe. I swear I’d still hang with Jamey if I hadn’t shot him. And he’d still hang with me too! We had a blast!] … [That pun was NOT intended! I swear!]
‘For several weeks Miller had craved killing another human being.’
[TRUE! … This came from my interrogation, where I said, ‘You just start to get to craving. I mean you don’t want to kill someone innocent.’
As also stated in that interrogation, I ‘never had a face in mind’ of whom to kill, only that it would be someone who preyed on others. An abuser. … I’dve been going after a person that hurt good people, that HURT YOU. … Did the Court of Appeal fail to mention that part?? Hmm.
At any rate, Jamey was not someone who hurt others. He was a hurting outcast himself, and I wouldn’t have shot him had he just GOTTEN OFF OF ME! …Siiigh. You just can’t talk sense into a suicidal person.]
‘Miller was not remorseful for killing Brucker.’
[PARTIALLY TRUE! … Not murder, but TRUE! I was never asked whether I was remorseful or not, the judge just assumed I wasn’t, stating in my sentencing that I ‘showed no remorse for my actions.’ Apparently that’s a stone-set lack of remorse to the Iowa Court of Appeals. … But still, partially true – Jamey forced me to shoot him, per his own desire. I liked Jamey but I didn’t feel bad for shooting him off of me. He had every opportunity to save his own ass.
My remorse is only for those who grieved him. I’m sorry for your pain.]
‘Miller had stolen Brucker’s cash and cell phone.’
[FALSE! … Not murder, and FALSE! Jamey gave me his cash, pre-shot, when it was still an assisted suicide plan and I thought I could shoot him just to be shooting him. I couldn’t, he forced me, I shot. … I did take his cell phone after the shot, admittedly. My drunk ass thought it could prevent me going to prison.]
‘Miller believed he could escape and possibly kill again.’
[WHAT THE FUCK?! That one doesn’t even deserve the FALSE! It’s just what the fuck?! Ask the Iowa Court of Appeals to explain where in the seven hells that one came from. I know I didn’t say it! … I’d ask but they aren’t answering my letters just now. :)]
‘Miller had a dark side and enjoyed committing destructive acts that provided him with a thrill.’
[ABSOLUTELY, 100% TRUE! Not murder, but SO TRUE! … It’s not why I killed Jamey either, but SO TRUE!!]
Mmmkay. So. Look over those reasons and tell me which one, or ones, make what I did murder. Those are the reasons I’m doing Life Without Parole for.
Manslaughter in Iowa is ‘a would be murder except for serious provocation.’
They didn’t tell my jury that. And in the appeals ignored all mitigating evidence, all the serious provocation.
You see then, how they cheat? That ruling was used against me the entire way through the rest of my appeals. Courts wouldn’t even look at the evidence, trusting the word of the Iowa Court of Appeals that I was a bloodthirsty, ravenous murderer of mankind. (When in reality I was merely a dark, angry, wannabe-avenger of those being bullied! Who got in over his head with a truly suicidal man. …Siiiigh. Not murder, but TRUE!!! 🙂
It wasn’t murder and they know it.
Eric Miller
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First of all stop and listen to this dumb ass. I knew Jamie and yes he had some issues when he was younger. Jamie was in a good time of his life. He liked to party and go out and pick up guys. But he would never force himself as to rape them. ECM knew him for 2 days and knew everything about him. If i went somewhere with a gay person and they tried to touch me in a way i didnt wnt to be touched i wouldnt go back around them let alone go to there apartment and let them do oral sex on me. And for Jamie being on him with his butt getting closer to ECM he had nothing to worry about for ECM would have to have an erection for him to be able to put it in him. He could have hit him with the butt of the gun knocked him out got up and left. No excuse for what he did. He murdered Jamie . Think about how his parents feel. H blew Jamies whole face off. What a sick human being. And you back this guy. He deserves death. What makes him think he has the right to take someones life. If Jamie did tell him he wanted to die did you ever think maybe it was a cry for help. Usually people who really want to die kill themselves they dont tell other people for fear they will be stopped. I know thats the way i was when I tried. Open your eyes ECM is a cold bloody murder. Lots of people grew up with alot more problems the he.
I am sorry for what happened to Jamey and I wish it hadn’t happened. I wish that E – as you pointed out – had used the butt of his gun to knock him out instead of shooting him. You have every right to be angry, but you have no right to judge me without knowing a thing about me. I am not backing him for what he did. I myself have been a victim of crimes (yes, that’s plural!) and it is something that is hard to get over, I also know the pain of losing a loved one because of someone else’s actions. Believe me, I know. The crimes that were committed against me happened 20 years ago, my friend was killed when I was 14. So, don’t you come telling me to try to imagine the pain! I feel terrible for Jamey’s family. Believe me, I know more about being a victim of crimes than you think.
But I am not letting the past anger and pain remain a part of my life. Still living with so much anger is hurting you more than E or anyone else.
And I do believe in punishment. E deserves his prison time, of course he does, and he knows it too. However, I do NOT believe in excessive punishment, and your country is rather enthusiastic at dishing out excessive punishments here and there instead of giving the right, deserved punishment.
I also know what it’s like to lose a loved one and the perpetrator never being caught or punished. Instead they are walking around and being praised like “upstanding Citizens”. Did I want them punished? Yes. Do I want them put away for life? No. Do I want them dead? Oh my God, of course NOT! How does claiming that someone deserves death make me better than them …?
You are entitled to your opinion and your anger and it is your right to share it here, but do not judge people without knowing the slightest thing about them.
I believe in what they say an I for an I
By the way you put it up there was that, or I took it as, you knew exactly what happened like you were there. But you wasn’t. You were telling only what you were told. I also have been in trouble and have done my time for breaking the law. I did my time in prison with people doing time for all crimes including murder. Two of my best friends there were in there for murder. Hearing their stories on what happened not one of them was at fault. Why is that? Because if they told you everything that happened and it was told back to the courts it would stop them from ever having the chance to get out. There were no others involved only Jamie and Eric. He is the one who chose to pull the trigger not only once, he stood up looked at him with half of his face gone (according to what he wrote) and pulled the trigger again. What gives the person the right to think that they can take the life of another. Jamie will never walk the streets, spend time with family, see the sunrise or sunset due to Eric’s actions. Why should Eric have the right to see them? Eric I’m sure like all the others didn’t tell you everything. He wouldn’t do that and take the chance of losing his freedom.
He had the chance to hit Jamie with the butt of the gun to knock him out get up leave contact the police and tell his side of the story and walk away a free man. But he didn’t, he chose to shoot a man not once but twice blowing his face completely off. Now he needs to spend the rest of his life in prison. That was his choice.
Yes, it was Eric’s choice, he made the wrong choice, a terrible choice. No one has the right to take another’s life but what gives us the right to take the life of someone in the name of justice? State sanctified murder is still murder. Someone once told me that life without parole is a death sentence too, just slower.
I believe that an eye for an eye makes the world go blind. I believe in justice, not revenge. Since you’ve been in prison you know what it’s like in there, and condemning a man to spend the rest of his life in a box is based on vengeance, because in the end this is not an eye for an eye, but many eyes for an eye, because not only one family is destroyed, but two. Eric’s family has also been destroyed over this and they are also innocent. What is the point of destroying two families? It will not bring back the dead, it will not bring closure, and it will only be revenge, which is the true meaning of an eye for an eye.
If I wanted an eye for an eye for everything that had been done to me in this life I would never rest exacting vengeance and I would not have peace. I believe in forgiveness, change, and redemption. I believe that no one should be defined as a person by the worst thing they did in life. I cannot define who you are by the worst thing you did in life either. No one can, because people change and evolve. Without knowing you, I think it’s safe to say that you are not the same person you were ten or fifteen years ago. I certainly am not the person I was 15 years ago and I am pretty sure that Eric isn’t either.
I do not believe in the US “justice” system for it is not based on justice but on revenge, locking away millions of people, and many of them innocent, on false charges, many others over-convicted. Many others are guilty, yes, of course; I am not naïve, but your justice system has long been criticized (nationally and internationally) and there are countless groups and movements demanding change, for your justice system is destroying families. Hundreds of thousands of sons and daughters are growing up without their father or mother because they’re rotting away in prison. What have those children ever done to deserve that? When a person is sentenced to life in prison, not only the person is sentenced but his whole family and everyone who cares about him/her. I know of a girl whose father has been in prison since she was 1 year old, and all he did was drive a car … That girl is remarkably strong, she has been an activist since she was little, asking for change, asking for her father’s release. She has never been able to hug or touch her father, she has always seen him behind Plexiglas. That girl is now in her 20s and she is still fighting for her father. What a way to grow up …
I am not defending what Eric did 15 years ago, but I am not backing the “justice” system either, because it is no justice, it is solely based on advancing prosecutors’ careers and adding harsh convictions to their resumés (and most prosecutors do not care that much about victim’s families either), it’s about revenge and destruction of families. The “justice” system is seriously flawed.
In no other country in the world is life without parole dished out so often than in the US, and life without parole has done NOTHING to reduce crime. On the contrary.
It is beyond tragic that Jamey lost his life and what his parents have to go through, for there is nothing worse than a parent losing a child. No parent should have to go through that. But Eric’s parents and the rest of his family have also gone through loss. This is hard on them too, and they do not deserve such punishment.
As for what happened that night between Jamey and Eric, all I know is from the book he wrote, I don’t think that it’s up to me to discuss this here, because I wasn’t there … none of us were there. I didn’t even know Eric at that time. I think that the best thing to do would be if you contacted Eric and tell him your grievances, let him know what you think he should or shouldn’t have done, for he is the only person to tell what you think about what he did. I think it would be fair to tell him that. You can contact him on Corrlinks https://www.corrlinks.com/