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Michael Miller back in court

Feb 10, 2011 | 5:24 AM

Michael Shane Miller, 40, will find out on Friday if he will be serving time in a federal penitentiary or not.

He’s the man who broke into a home in the Rural Municipality of Garden River on Aug. 5, 2009, searching for his former common-law partner.

The owners of the home came home to find their .22 rifle, keys to the gun cabinet and phones missing.

One of the owners, Elaine Shukinski, discovered Miller crouched under the stairs in the basement.

He asked her where his former partner was, to which she replied, “You just broke into my house and you expect me to tell you where [she] is?”

The owners called the police, and Miller reached into his waist bag and brought out a filleting knife.

He didn’t make any threatening gestures with it towards them, but the owners allowed him to leave their residence.

It was later discovered that a loaded double barrel shot gun was under the stairwell with him.

Miller was eventually arrested in Nanaimo, British Columbia.

The defence is arguing that psychological reports indicate Miller was suffering from adjustment disorder and depression from the break up, and was not in the same frame of mind.

Miller had been with his common-law partner for 14 years. He contacted her numerous times, wishing to get back together. He also uttered death threats to her if she didn’t take him back. His ex-partner eventually moved from her place of residence to avoid him.

The defence said Miller has been found to be a very low risk to reoffend. He hasn’t been in contact with his ex-partner or the homeowners for more than a year, is working as a fisherman in B.C. and has a new girlfriend.

“I feel remorseful for what I’ve done … I was not in the right state of mind … I know what I did was wrong … I have a really nice girlfriend now … I would be a lot better in the community for both her and myself,” said Miller in court.

The defence is looking for a sentence of two years less a day, minus time served. The defence is also seeking the sentence to be served conditionally, along with a three-year probation.

The Crown, however, is arguing for a penitentiary term.

Miller has pleaded guilty to uttering threats to his ex-partner, break and enter with intent to commit an indictable offence, two counts of possessing a weapon for a dangerous purpose, and communicating a threat to cause death.

He will be back in court on Feb. 11.

rpilon@panow.com