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ELKINS – A Randolph County man charged with writing worthless checks on several occasions, totaling around $8,000, has entered into a plea agreement.
Daniel Jay Miller, 52, of Elkins, pleaded guilty to two counts of obtaining property in return for worthless check on a preexisting debt, a misdemeanor. He was initially charged with one count of worthless checks and one count of obtaining property in return for worthless checks, both felonies.
Miller was represented in court by attorney James Fox. The state was represented by Assistant Randolph County Prosecutor Leckta Poling. The plea was accepted by Randolph County Magistrate Benjamin Shepler.
As part of the plea, Miller was sentenced to six days in jail with credit for time already served. According to the Randolph County Prosecutor’s Office, Miller had paid the two alleged victims restitution in full for $3,767 and for $4,240 separately before the hearing began.
According to the criminal complaint filed by Senior Deputy A.M. Channell with the Randolph County Sheriff’s Office, on June 3, Channell spoke with the alleged victim about two checks written to him by Miller.
The alleged victim stated that Miller, who he called DJ, had written him two separate checks for timber that he had logged off his property, the complaint states. The alleged victim stated that he attempted several times to cash the checks at the bank, but each time the bank stated that checks could not be processed. This was reportedly due to the account the checks were associated with had insufficient funds. The alleged victim stated that he tried to make contact with Miller to collect his money on several occasions, but he had not had any luck as of June 3.
The first check was written on March 22 for $2,084 and the second check was written on April 22 for $1,683, both of which totaled $3,767, the complaint states. Channell spoke with a teller at Davis Trust Bank and was reportedly informed that the uncollected hold stamped on the checks meant the same as being stamped as NSF (Non Sufficient Funds).
According to a second criminal complaint against Miller, filed by Trooper H.J. Bonetti with the West Virginia State Police Elkins Detachment, on July 7, Bonetti made contact with the second alleged victim, an employee of Kleis Equipment LLC.
The second alleged victim advised that Miller had rented a dozer and provided Kleis Equipment LLC with a check with the amount of $4,240 on May 18, the complaint states. The second alleged victim further advised that, on May 20, Chase Bank reportedly informed him there were insufficient funds in the account and returned the check in question to Kleis Equipment LLC.