Former police officer pleads not guilty
Dylan Miller is accused of sexually assaulting a teen
Dylan Miller, the former Loveland Police Department officer accused of sexually assaulting a teen while on duty last year, has pleaded not guilty to the recent federal charge placed against him.
Miller, 28, appeared before U.S. District Court Magistrate Judge Michael Hegarty in Denver Tuesday morning where his attorney, Donald Sisson, entered a not guilty plea to the federal charge of deprivation of civil rights, a class 4 felony; this charge, according to the United States Department of Justice, could carry a maximum penalty of life in prison.
This federal charge is separate from his charges in the 8th Judicial District Court but stems from the same alleged incident.
While no trial date had been set as of 5 p.m. Wednesday, records show a 5-day trial was recommended for this case that will be heard by Judge Nina Wang.
Both Assistant United States Attorney Alison Connaughty and Sisson spent a large portion of the hearing arguing whether Miller should remain in state custody.
Connaughty went through the information of the case that has been previously released, including additional information about the alleged incident. This includes that Miller was not assigned to monitor North Lake Park the night of the alleged incident and that investigators found a notebook in his vehicle with the victim’s name and date of birth written on it.
She ultimately argued that Miller should remain in custody based on Miller’s risk of not appearing for hearings as well as the severity of the charge.
“That charge is serious both in substance (and) in possible penalties,” she said.
Sisson, on the other hand, requested that Miller be released with restrictions to ensure he comes to subsequent court hearings.
He argued that Miller does not have any prior criminal history and that he has followed all conditions and appeared for all hearings since he was charged in Larimer County. Miller, who was out on bond for his Larimer County charges, also turned himself in when informed he was being federally charged, Sisson said.
“The best prediction of the future is the past,” he said.
Several hours later, Hegarty issued a written ruling that he believes Miller could be released from custody with conditions that would “reasonably assure the safety of the community.” However, instead of setting those conditions, he decided those would be heard at a supplemental hearing, giving the United States Probation Office a chance to weigh in on options.
He also said he will hold any order for Miller’s release to allow the attorneys to appeal the ruling.
Miller was arrested in early November 2023 after the15-year-old girl reported the alleged assault in late October. She told investigators that months earlier Miller had approached her and a friend at North Lake Park in the early morning hours, at which time he told her male friend to leave and had her stay.
She told investigators that Miller, after speaking with her for around an hour, allegedly hugged and fondled her before making her perform oral sex on him, according to a previously released affidavit; she also told investigators that, prior to the alleged incident, she believed that Miller had removed his body camera and name tag.
Miller, when questioned by investigators, said he did not recognize the girl when shown a picture of her and said if he had contacted any juveniles in the park he may have told them to go home but denied he would have told a male to go home and a female to stay.
He has been charged in the 8th Judicial District with first-degree kidnapping, a class 2 felony; sexual assault of a child from a position of trust, a class 4 felony; unlawful sexual conduct by a peace officer, a class 3 felony; sexual assault of a person with a 10-year-age difference, a class 6 felony; official oppression, a class 1 misdemeanor; and first-degree official misconduct, a class 1 misdemeanor for the incident. He has not entered a plea in this case, and Reid Elkus, another attorney representing Miller, has previously claimed he is innocent.
Miller is scheduled to appear in the 8th Judicial District Court on those charges before Judge Joseph Findley at 4 p.m. April 15.