A man will likely spend the rest of his life in prison after he was convicted on six counts of attempted first-degree murder for opening fire on two Eaton police officers in September 2021.
Weld District Judge Audrey Galloway sentenced 34-year-old Levi Miller to 156 years Wednesday for starting the shootout, during which he fired 33 shots from his front porch in the 1200 block of Aspen Court in Eaton.
Miller was convicted late Tuesday afternoon on two counts each of attempted first-degree murder after deliberation, attempted first-degree murder from extreme indifference and first-degree assault for opening fire on the officers.
He was convicted of another two counts of first-degree murder from extreme indifference because seven shots hit the wall of another house in the neighborhood. Two children were sleeping in a room directly on the other side of the wall the bullets struck, but neither were injured.
Neither officer — nor any neighbors — were injured in the shooting, which started after a neighbor called police around 1:30 a.m. Sept. 24, 2021, because Miller and his wife got into a loud argument after returning home from a night out drinking.
Police returned fire, striking Miller. He was given medical treatment on the scene before he was taken to a hospital.
The Weld Critical Incident Response Team — which investigates incidents in which law enforcement officers use or attempt to use deadly force — turned investigation results over to District Attorney Michael Rourke. In November 2021, Rourke found both officers justified in firing their weapons.
Galloway did not mince her words when handing down Miller’s sentence.
“You chose a weapon that was designed, a weapon that was made to kill human beings. And chose to fire 33 times at officers there simply doing their job,” Galloway said of Miller’s rifle, which was modified with a high-capacity magazine. “Everyone is alive today because you failed to do what you set out to do. And that was to kill a police officer.
During closing arguments in his trial Tuesday morning ahead of the verdict, defense attorney Molly Talbert said Miller didn’t set out to shoot or kill anyone that night. Rather, he didn’t know they were officers and thought he was facing two armed intruders.
She cited a number of reasons Miller wouldn’t have immediately known they were police. Both officers testified to parking out of sight of Miller’s house when responding due to the possible domestic violence aspect of the call. And neither identified themselves as police during the incident.
“If you’re fighting with your wife in middle of night and police show up, you can’t shoot.” Talbert said. “But if two strange, armed men dressed in black show up in the middle of the night, point guns at you and don’t identify themselves, then you are able to defend yourself.”
She also referenced a traumatic brain injury Miler suffered as the victim of a hit-and-run motorcycle crash in 2019 that impaired his executive function — the mental skills that plan, organize and manage behavior.
She referenced analysis from a mental health expert who said she believed his injury was the main cause of his actions that night, as well as two doctors who said he had trouble processing information presented to him visually.
At sentencing the next day, one of the officers involved in the shooting disclosed a traumatic brain injury he had suffered a decade ago in the Marines. He scorned how Miller and his defense were trying to blame such an injury for Miller’s actions that night.
“The amount of accountability trying to be passed off on Levi Miller’s (traumatic brain injury) is incredible,” he said.
Prosecutors and victims focused on how Miller’s actions that night have affected the lives of everyone involved since.
One officer said that when he returned to duty after the investigation, he wasn’t able to carry out his duties and ended up leaving law enforcement entirely for a year. He has since got back into the field — even returning to the Eaton Police Department — but that night still sticks with him.
“That incident forever changed me,” he said. “I’ll never respond to domestic violence calls the same. I’ll never police the same.”
One neighbor mentioned considering renting another house — on top of paying a mortgage on the home she owns — if Miller had been released on bond ahead of his trial. Another mentioned family members who are still in therapy because of that night.
Miller had eight people speak on his character during sentencing. They all painted a picture of a kind man who has faced enormous adversity his whole life. He deserved a chance at rehabilitation, not just the inside of a prison cell, they said.
Chief Deputy District Attorney Michael Pirraglia agreed Miller wasn’t some sort of monster, acknowledging that he wouldn’t have so much support if he was simply a bad person. But the fact that Miller had a history of becoming violent when drinking — namely a very similar 2017 incident in Greeley in which he threatened to shoot officers when they responded to a domestic violence call — illustrated a pattern of reckless behavior when under the influence.
And with the severity of crimes Miller committed, Galloway legally had no option but to hand down a prison sentence.
“Had luck not been on your side, that night turns out much differently,” Galloway said. “You didn’t care about anyone but yourself that night. You’ll have plenty of time to reflect on your actions, because your luck has run out.”
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