Advertisement

Antrim County Prosecutor Charles Koop agreed to drop Avery-Miller's pending felonious assault and absconding bond charges in exchange for her plea agreement. The Elk Rapids resident pled before 13th Circuit Judge Philip E. Rodgers, who ruled on behalf of Judge Thomas Powers, on March 27 in Traverse City. Sentencing by Judge Powers is planned to take place in May.

Ê During the proceeding, Judge Rodgers explained to Avery-Miller that her felonious assault charge was dropped and would now be identified as a civil infraction for "careless driving."

He also said that due to Avery-Miller's "extensive negotiations" and "high level of cooperation" he would drop the absconding bond charge in favor of a personal recognizance bond. Avery-Miller said she had not been threatened or coerced into making the agreement.

Rodgers said Avery-Miller's guilty plea to the larceny by conversion charge carries a five-year felony and he explained how the prosecutors justified the charge.

The charge stems from a 2004 fire at Avery-Miller's salon and tanning business. The fire, later believed to be caused by arson, was thought to have destroyed some tanning beds that Avery-Miller was currently leasing. When the insurance company asked about the whereabouts of the leased beds, Avery-Miller wrote them via letter to report that she had thrown them out, Koop said after the proceeding. Avery-Miller never got rid of the beds, Rodgers said. One bed was placed in storage and the sale of two others was discussed with the owner of another local business. The amount of $1,500 was discussed, but Rodgers said a sale was never completed. The arson is still under investigation. Rodgers asked Avery-Miller if she was aware now that her actions after the fire were unlawful and what she had done was considered larceny by conversion.

"That's what I'm now aware that I've done," Avery-Miller said.

One of the terms of Avery-Miller's plea agreement states, "After the plea and before the sentencing the Defendant agrees to be interviewed by the Michigan State Police concerning the death of her son, Samuel Avery, in accordance with the terms of the proffer."

The Nov. 7 gunshot death of Avery-Miller's son, Samuel Avery, 16, is still under investigation.

Avery-Miller had been housed in the Antrim County Jail since Feb. 25, where she surrendered to Sheriff's deputies after having been missing since Jan. 22.

Prosecutors charged Avery-Miller with felonious assault last year for allegedly attempting to hit a man with her car. When Avery-Miller went missing and failed to make a court appearance regarding the charge, warrants were issued for her arrest. She was then charged with absconding or forfeiting her bond.

The Antrim County Sheriff's Office, Michigan State Police, U.S. Coast Guard and two citizen-led search parties spent time and resources in attempts to locate Avery-Miller. Part of Avery-Miller's plea agreement states that she will not contest paying up to $10,000 in restitution to any agencies seeking reimbursement for funds exhausted in her search.

The Elk Rapids Police Department said an unregistered red 1994 Ford Escort purchased locally on Dec. 27 had roused suspicion that Avery-Miller had left the area voluntarily.

Avery-Miller's attorney, Richard Zerafa, said he could not discuss Avery-Miller's whereabouts from Jan. 22 until Feb. 25. Koop said Avery-Miller had already fully disclosed her whereabouts to investigators, but he too could not reveal any specific details because they are currently working to confirm her information.

Koop would go on record to say Avery-Miller said she was out of state. Information contained in Avery-Miller's plea agreement indicate that prosecutors are currently investigating the possibility that Avery-Miller may or may not have been staying at a safe house.

Megan Taylor can be reached for question or comment at mtaylor@michigannewspapers.com or by calling 231-264-9711.