FOR IMMEDIATE RELEASE
Contact: Tim Rutkowski; 989.269.9255
On September 21, 2022, Prosecutor Timothy J. Rutkowski charged Cody Joseph Miller of Bad Axe with three felony counts—Second Degree Arson, which is punishable by up to 20 years in prison and a fine of up to $20,000; Witness Intimidation, which is punishable by up to 15 years in prison and a fine of up to $25,000, and Tampering with Evidence in a Criminal Case, which is punishable by up to 10 years in prison and a fine of up to $20,000.
The charges arose out of an investigation by the Harbor Beach Police Department following a suspicious fire in the City of Harbor Beach on May 7, 2021. The fire started at the residence of the victim of a Criminal Sexual Conduct case in which Miller was charged. That individual was set to testify against Miller in his trial.
A Preliminary Examination was held in the 73-B District Court before the Hon. David B. Herrington on October 25, 2022. The Court heard testimony from the residents of the burned residence, who were at home and asleep at the time of the fire. Harbor Beach Fire Chief Jason Lermont testified that he believed the fire was suspicious and ultimately requested the Michigan State Police Fire Investigation Unit to the scene. An investigator from that unit testified that the fire was intentionally set and that gasoline was used as an accelerant. Patrolman Dave Wilson of the Harbor Beach Police Department testified that he reviewed security footage from multiple businesses between Harbor Beach and Bad Axe that showed Miller’s vehicle returning to his home in Bad Axe shortly after the fire was set in Harbor Beach. D/Sgt. Kevin Knoblock of the Bad Axe Police Department testified that he reviewed security footage from a local business from earlier that evening and was able to identify Miller and his vehicle and indicated that Miller was wearing a distinctive article of clothing. Later, during a search of Miller’s trash, D/Sgt. Knoblock found charred remains of that same article of clothing.
After presenting three hours of testimony, Prosecutor Rutkowski motioned the District Court judge to send the case to Circuit Court on a charge of First Degree Arson, or, in the alternative, Second Degree Arson as well as the other two felony counts. First Degree Arson is a felony punishable by up to life in prison and a $20,000 fine. The judge found probable cause to believe that those crimes were committed and that Miller was the individual who committed those crimes. The matter is set for arraignment in the 52nd Circuit Court of Huron County on November 21, 2022.
