Aggravated Sentence Recommended For Attack on Rochester Woman

Rochester, MN (KROC-AM News) - A man accused of breaking into a Rochester woman's apartment has entered into a plea deal that includes prison time.

According to the criminal complaint filed against 42-year-old Brian Joseph Miller, the Racine man was arrested in late October of last year after Rochester police responded to a southwest Rochester apartment complex to investigate a report of an assault. The officers involved in the call were provided with a description of the suspect, who was located in a nearby parking lot.

The court document says a 55-year-old woman told the officers she was sleeping when she heard someone enter her residence shortly after 5 AM on October 24 and then saw a stranger standing in her bedroom doorway. The victim stated that the intruder then lunged at her, pinned her to the bed, and attempted to spread her legs.

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The woman told police that during the struggle with her attacker she managed to flee from the apartment after biting his arm. At the time of his arrest, officers noted that Miller was suffering from a bite marks to his arm.

The police report on the incident also indicated that Miller appeared to be under the influence of a controlled substance or was experiencing a mental health crisis. That led to an evaluation at St. Marys hospital prior to Miller being booked into the Olmsted County Adult Detention Center.

Miller was charged with first-degree burglary and was bail was set at $50,000. He remains in the Olmsted County Jail awaiting the completion of a presentence investigation and his sentencing hearing in July.

Under the plea deal with Olmsted County prosecutors, Miller entered a Norgaard plea to the first-degree burglary charge. The plea means he admits guilt but does not remember his actions due to drug and/or alcohol impairment.

Court records show Miller as a prior felony conviction for a burglary involving criminal sexual conduct. The plea agreement indicates the prosecution will argue that is latest conviction warrants an aggravated sentence of up to 75 months in prison, while Miller will contend that regular state sentencing guidelines should apply in his case, which call for a prison sentence ranging from 39 to 54 months behind bars.

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