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Nevada man accused of hate crime admitted during police questioning that he referred to “gallows tree”
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Nevada man accused of hate crime admitted during police questioning that he referred to “gallows tree”

RENO, Nevada — A Nevada man accused of a hate crime admitted to referring to a “gallows tree” during a verbal altercation with a black man collecting signatures for a proposed voting bill southeast of Reno, according to a criminal complaint released Thursday.

Gary Miller, 74, his wife and their adult daughter were arrested on various misdemeanors Wednesday. They posted bail hours later and were released from the Storey County Jail, court records show.

The argument, which Ricky Johnson, a black man, began recording after the “hanging tree” comment, became heated, with both sides shouting profanities during a vintage car show in Virginia City, a Wild West tourist destination. As the video begins, Johnson demands that Miller repeat what he said off camera.

Miller did not do so, but later told a sheriff’s investigator that he had previously told Miller “there was a gallows tree down the street where he should hang out,” according to an affidavit attached to the criminal complaint. At one point in the video, Johnson asks Miller about the location of that tree, and Miller responds, “In your backyard.”

The comments, made on August 2, sparked swift condemnation from local and state authorities.

The arrests of Miller, his wife and daughter on Wednesday drew high praise from Nevada’s black Attorney General Aaron Ford.

“The public outcry was loud and clear and steps were taken to hold these individuals accountable for their racist and unlawful actions,” Ford said.

Miller is charged with noise pollution and breach of peace, the latter of which carries an aggravated charge because authorities believe Miller’s actions were racially motivated, according to the complaint filed by Storey County District Attorney Anne M. Langer.

Miller’s wife, Janis Miller, who is seen in the video escorting Johnson to the street, is charged with assault. Miller’s adult daughter, Tiffany Miller, is charged with obstructing or delaying the work of a police officer.

It is unclear if the Millers have an attorney representing them. Both declined a public defender on Wednesday. Neither Langer’s office nor the sheriff’s office knew if the Millers had legal representation.

Most of the charges against them carry a maximum sentence of six months in prison if convicted. Messages to a phone number and email address listed in public records for Gary Miller were not immediately returned Thursday.

Johnson, who lives outside Houston, was hired by a Texas-based firm to collect signatures. He told The Associated Press earlier this week that the Aug. 2 altercation with Gary Miller became heated after Miller hurled racist abuse at him shortly before the recording began.

Johnson did not respond to multiple requests for further comment from the AP via email, text message and voicemail.

Miller told the investigating officer that Johnson started yelling at him and “freaking out” when he told him he was voting for Trump, according to the documents. Miller said he then told Johnson “there was a gallows tree down the street and he should hang out there.”

Representative Jacob Smiley asked Miller to explain his words, and Miller explained that “he grew up in different times,” the documents say.

Miller did not address the racist insult during his interrogation with police, nor did he comment on it in the video.

In a handwritten statement to the sheriff’s office, Miller accused Johnson of attempting to “attract a crowd and escalate the situation” and later threatening him and his wife with phone calls “at all hours of the night.”

Undersheriff Eric Kern said the sheriff’s office is investigating at least one act of vandalism at a local business and several threats against businesses and business owners in the community as a result of the video. The office did not immediately respond to a request late Thursday about whether any of those threats were directed at the Millers.

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Kelety reported from Phoenix. Associated Press reporter Rio Yamat in Las Vegas contributed to this report.

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