FREDERICK – Greg Miller Jr., of Frederick, was scheduled to be arraigned in the court of the Honorable Richard Darby Friday morning, March 4. Instead, he learned the District Attorney’s office will be seeking the death penalty if he is convicted of murdering his girlfriend’s toddler.
The mother of the 18-month-old has also been ordered to stand trial for her alleged role in her son’s death. Kelly Fairchild, of Frederick, was notified at her preliminary hearing this week that probable cause exists that a crime was committed. He went on to say that probable cause exists that Fairchild committed the crime.
According to court documents, Assistant District Attorney, David Thomas, filed a Bill of Particulars in Reference to the death penalty for Miller on Feb. 23. This document highlights multiple acts of violence which were allegedly committed by the accused.
Miller told witnesses various versions about finding the child unresponsive back in February 2015. The accounts include conflicting points, specifically what caused Miller to awaken during the night, and whether or not Miller accidentally “nicked the child’s head with his foot” when he tripped.
As a result of the Bill of Particulars being filed for consideration of the death penalty, Miller’s attorney, Ken Sue Doerfel, filed a motion on Friday to withdraw from Miller’s case. This filing made it possible for Miller to request a court appointed attorney. He did so on March 4, and the Honorable Brad Benson approved Miller’s request the same day.
Miller is now scheduled to be arraigned on June 3, at 10 a.m.
Fairchild will report to the Judge Darby’s courtroom at 10 a.m. on April 1 to stand trial on the charge of murder in the first degree and allowing child abuse.