Gary Miller, 74 and his wife were taken into custody on various misdemeanour charges along with their adult daughter on Wednesday as they were reported to have been released from jail in Storey County only hours after posting bail.
A black man involved in the incident began recording the conversation, which took place during a classic car show in Virginia City, a popular tourist spot of the Old West.
Miller told the deputy that Johnson yelled at him when he mentioned he was planning to vote for Trump. According to documents accompanying the criminal complaint, however, Miller did not repeat the remark on camera; instead, he later told a sheriff’s investigator that he had previously told Johnson “there was a hanging tree down the road to go hang out there” (as cited in an affidavit).
The video also shows both parties shouting profanities at each other. At one point in the video, when asked by Johnson about the location of the tree, Miller responds with, “in your backyard.”
The charge brought against Miller is according to Anne M. Langer’s complaint a breach of peace and noise violation increased by racial motivation allegations made by Storey County District Attorney.
In relation to this event captured on video footage and seen by millions, Gary Miller’s wife Janis Miller is charged with battery for pushing Johnson into traffic while their daughter Tiffany Miller faces obstruction or delaying of an officer related charges.
Local and state officials were quick to criticize these comments made on August 2nd.
Nevada Attorney General Aaron Ford praised Wednesday’s arrests involving Miller and his family noting that they are African Americans themselves.
“If you listen closely you will hear that public outcry has been profound such that measures have already been put in place towards making those responsible accountable for such racist acts,” added Ford.
For most convictions under several counts including battery defined as harmful touching rather than just offensive touching as well as disorderly conduct could cause imprisonment for up to six months.
