Miller gets 10 years probation, 6 months in jail

Former Austin police employee found guilty in 2015 fatal stabbing.

James Miller, a former Austin police employee who was found guilty Tuesday of criminally negligent homicide in the 2015 slaying of Daniel Spencer, was sentenced Wednesday to 10 years on probation and six months in jail.

Miller, who avoided the more serious charges of murder and manslaughter, had faced anywhere from two to 10 years in prison. Instead, as a condition of the probation, Miller will serve 180 days in the Travis County Jail and pay more than $10,000 in restitution.

He was eligible for probation because he had never been convicted of a felony before.

The judge ordered that Miller wear an alcohol monitor for one year. Miller will get jail credit for the one day he has already served.

Miller also will have to complete 100 hours of community service over the 10-year period and pay all court costs.

On Tuesday, Miller’s lead attor- ney said he was startled and surprised by his conviction, saying that evidence and testimony showed that his client acted in self-defense.

During his trial, Miller testified he had met with Spencer at Spencer’s East Austin house in September 2015 to drink and play music.

He said Spencer became angry after Miller rejected his sexual advances and moved forward in an aggressive motion while brandishing a drinking glass, a