OSCEOLA COUNTY, Fla. – A man convicted of fatally shooting two Kissimmee police officers wants the jury’s death sentence recommendation thrown out, according to court records.
Everett Miller’s attorneys recently filed a 70-page motion asking that the death recommendation be set aside and that a new trial and sentencing proceeding be held. The documents also seek arrest of judgment and the opportunity to interview jurors.
Miller’s sentencing is set for Dec. 20.
Attorneys allege that the jurors were given “defective” instructions and “zero guidance” about mitigating factors.
State prosecutors denied that was the case in a six-page response.
Miller was convicted of killing Kissimmee Sgt. Sam Howard and Officer Matthew Baxter in 2017.