Trial of man accused of running down Montana Highway Patrol trooper underway in Libby

The trial of a Lincoln County man accused of running over a Montana Highway Patrol trooper during a law enforcement pursuit more than a year ago is underway in Libby.

Jason Allen Miller, 42, is facing felony charges of attempted deliberate homicide, criminal endangerment, aggravated kidnapping, possession of dangerous drugs and criminal mischief following a Feb. 16, 2023, incident in north Lincoln County. Miller pleaded not guilty to the charges, but he remains locked up in the county jail with bail set at $1.5 million.

Trooper Lewis Johnson suffered life-threatening injuries in the incident near Rexford and is still recovering after returning home to Chester in October 2023.

Tuesday was spent selecting a jury of 14, including nine women and five men. Two are alternates.

Wednesday began with opening statements from Assistant Attorney General Thorin Geist, who is prosecuting the case, and defense attorney Daniel Wood.

Geist argued the evidence he and fellow prosecutor Selene Koepke would present would show Miller was aware of the warrant for his arrest and that the defendant wanted to “get away from law enforcement at all costs.”

Wood wanted jurors to consider the question of intent.

“I am focusing on the attempted deliberate homicide charge, the most serious charge, and the difference between intention,” Wood said. ‘We know what happened. Miller struck Trooper Johnson, leaving him partially paralyzed. But what was Jason Miller thinking that day? I don’t envy you that task, but I ask you to keep an open mind.”

Following testimony from Lincoln County Sheriff’s Office Deputy Clint Heintz about the events of Feb. 16, 2023, Johnson took the stand.

He explained his training, graduating high school in Chester in 2006, graduating from the University of Montana and joining the Montana National Guard where he met and befriended Heintz.

When the chase began, Johnson was within 30 minutes of his shift ending. He said Heintz sought his assistance in the pursuit and he joined it on Montana 37. 

After explaining the pursuit continuing on to Camp 32 Road, Johnson testified to his recollection of the moments leading up to him being run over.

“His truck appeared to be stuck, Heintz stopped and I went past and blocked the road and got out,” Johnson said. “At first I couldn’t see the truck and I walked up the left track and my vehicle was behind me. Then the truck was coming toward me. I quickly determined lethal force would be a prudent option.

“There was no waiting, I fired when I knew I was going to be run over,” Johnson said.

After further questioning by Geist, Johnson said he knew a big truck was coming at him, accelerating heavily and was under control.

“I felt my life was in danger,” Johnson said. “To use deadly force, you have to believe your life is in danger.”

Johnson recalled Heintz making the radio call and being taken to the U.S. Forest Service Ranger Station in Eureka for transport to Kalispell by the ALERT helicopter.

When Geist asked him how close he came to dying, Johnson replied, “I came real close.”

Including the severing of vertebrae in his spine, he suffered 22 broken ribs, a broken shoulder, his right lung was punctured and his stomach lining was torn.

Koepke began the prosecution’s case by questioning Heintz. The deputy led the pursuit from Eureka to Camp 32 Road near Lake Koocanusa Bridge. He is credited with helping save Johnson’s life after he was struck by Miller’s truck.

Dash cam footage from Heintz’s patrol vehicle showed the chase from the beginning to the time when Miller struck Johnson. The footage left many observers tearing up and sobbing.

The gallery included many law enforcement officers from the region as well as family members of Johnson and Miller.

Lewis Johnson and his wife, Kate Johnson, also a trooper, comforted each other while the video footage played.

Heintz described the day to the jury following questions from Koepke. He said he was on patrol in Eureka when he encountered Miller’s brother who told him where to find the defendant.

Heintz went to a property owned by Miller’s father. He testified he saw Miller loading tires into the bed of a Chevrolet Silverado truck. When Heintz attempted to contact Miller, video footage showed Miller get into the truck and drive away, followed by Heintz. 

The pursuit continued on Montana 37. Heintz said Miller drove at speeds exceeding 100 mph. He testified that he believed Miller endangered the lives of more than 10 people as well as law officers involved in the chase.

Heintz used his public address system multiple times in an effort to get Miller to pull over. He testified that it had worked in the past.

Video footage showed the chase as it left Montana 37 and on to Camp 32 Road. Miller’s vehicle slid on the ice- and snow-covered road. He backed up, then drove toward Johnson’s vehicle. 

Heintz saw a muzzle flash of Johnson firing at the pickup from about 15 feet away as Miller drove toward the trooper. Heintz then saw Johnson up on the hood of Miller’s truck before rolling off and under one of the tires. Heintz testified that he believed Miller could have manuevered around Johnson and his patrol vehicle.

The trial will continue Thursday and is expected to last into next week.