Hearing starts in Ottawa shooting

? On the night of Dec. 19, 2006, Michael Miller was walking to Walgreens in Ottawa when a gunman shot him six times.

“Somebody popped out from behind a U-Haul trailer, confronted me and shot me,” Miller testified Monday in Franklin County District Court.

“You don’t remember me; (but) you’re going to remember what a .380 feels like,” Miller said the gunman told him, apparently referring to a type of handgun.

Miller said he couldn’t see who the gunman was. “It was dark,” he said.

Miller testified during preliminary hearings for two of four suspects charged with attempted murder and conspiracy. Hearings for Kay F. Gaillard-Taylor and Jeffrey A. Campbell are expected to take all week.

District Judge John Eyer will determine whether there is enough evidence to order the suspects to be tried. Eyer, from Republic County, is substituting for Franklin County Judge Kevin Kimball, who is attending training sessions, a court spokesman said.

Miller was shot on the eve of a case that was to be tried Dec. 20 in Douglas County against Louis Galloway, who was charged with beating Miller in an incident in Lawrence.

After Miller was shot, Galloway’s trial was continued. Galloway ultimately was convicted of aggravated battery and aggravated burglary. He is serving a 12-year prison sentence.

Franklin County Attorney Heather Jones has said the four suspects in Miller’s shooting were conspiring to keep Miller from testifying against Galloway, who never was charged in the shooting incident.

Miller said he was in western Kansas in December when the Douglas County District Attorney’s Office sent him a bus ticket so he could travel to Lawrence to testify against Galloway. After his arrival, he stayed at his mother’s Ottawa apartment.

Miller said that before the shooting he talked twice on the phone to Lisa K. Winter, a woman he described as a former girlfriend. She told him she had been subpoenaed to appear at the Galloway trial. She wanted to talk with Miller about the subpoena and asked him to meet her on Dec. 19 at Walgreens.

Winter also has been charged in Miller’s shooting. She has waived her right to a preliminary hearing and is to appear June 25 in Franklin County for an arraignment. At that time she will enter a plea to the charges against her.

The fourth suspect in the shooting, Lee Roy House Jr., is to appear in court today.

During Monday’s hearing, Sabra Moses, a former girlfriend of Miller’s, testified that she received a phone call from Campbell, an acquaintance, on the night of the shooting.

“He said that they were going to shoot Mike,” Moses said.

Campbell didn’t say who “they” were, Moses said. She said she didn’t take Campbell seriously and didn’t call police.

During Monday’s hearing, Lawrence attorney Andrew Piekalkiewicz testified that he had subpoenaed Winter and Gaillard-Taylor to appear at the Galloway trial. Piekalkiewicz represented Galloway.

Piekalkiewicz said he told Winter that he thought Miller was back in town staying at his mother’s. Piekalkiewicz said that during a later conversation with Gaillard-Taylor in his office she asked him what would happen if Miller didn’t show up for the trial.

“It quite likely would be dismissed,” Piekalkiewicz said he told Gaillard-Taylor of the case against Galloway.

“Well, it would be a good thing if he didn’t show up,” Piekalkiewicz said he recalled Gaillard-Taylor saying.