News and Tribune

February 4, 2014

New Albany teen charged as adult in robbery case

16-year-old held in Floyd County Jail

By GARY POPP
gary.popp@newsandtribune.com

NEW ALBANY — A 16-year-old New Albany resident was waived to adult court and has been charged with a class B felony for the alleged robbery and beating of a man.

Octavius L. Miller, Culbertson Avenue, is accused of robbing $20 from the man and beating him at a New Albany car wash on Vincennes and East Elm streets about 9 p.m. Christmas Eve. Miller appeared in Floyd County Circuit Court on Tuesday and remains in the Floyd County Jail under a $20,000 court-cash bond.

A warrant was issued for his arrest Monday, and Miller was taken into custody at his home later in the day, Floyd County Sheriff’s Maj. Jeff Topping said. Topping said the sheriff’s department worked with the case’s leading agency, the New Albany Police Department, to make the arrest, which occurred without incident.

Miller has been charged with robbery resulting in bodily injury — a charge punishable up to 20 years in prison.

According to court records, Miller threatened force during the incident that left the victim with “ ... a contusion to his shin area and a swollen foot.”

According to a probable-cause affidavit drafted by an NAPD detective, a police officer was flagged down outside of the car wash by the man who told police he was robbed and beaten by Miller and another male. The man told police he had been at a nearby coin-laundry facility and had walked to the car wash to get change. While at the coin-dispensing machine, he felt someone reach over his shoulder and attempt to grab the money from his hands, the man reported to police.

“[The man] stated he turned around, and [Miller] ‘doubled up’ his fist. [The man] stated the next thing he knew he was on the ground and did not know what happened,” according to the affidavit.

When he attempted to stand up, he felt a blow to his leg. He told police he tried to get up several more times, but Miller continued to try to kick him.

NAPD obtained surveillance video from a gas station adjacent to the car wash. The video revealed that Miller, a second, unidentified subject, and the assaulted man on the car wash property at the same time.

The victim was shown the video days after the incident and identified Miller as the man who he said robbed and beat him.