Sentencing For Ray Miles Delayed Until February

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TOPEKA, Kan. (WIBW) -- The man who violently shattered the front door glass of WIBW-TV, assaulting several employees in May 2012 was in Shawnee County District Court.

January 24 was scheduled as a sentencing hearing, but it did not go as planned. Ray Miles has not been sentenced.

Miles came into the courtroom calmer than the last time he appeared in court. Witnesses filed into the room, curious to hear the sentence.

He was originally supposed to be sentenced on six charges, those he committed in 2012 when he broke into WIBW-TV demanding that the news team cover a story on his treatment at the VA.

He stabbed, kicked, punched and bit several employees, sending two to the hospital.

In court, a pre-sentence investigation showed Miles was charged with a terroristic threat and third-degree battery in Arkansas, which would add more time to his term, and quality it as a higher level felony and mandatory prison time.

Assistant District Attorney Veronica Dersch is prosecuting Miles. "If he's a D, the first level conviction would be 50 months, 52 months or 55 months in prison," she said, indicating the Kansas sentencing guidelines grid. The crimes in Arkansas would send him to prison.

Miles requested more time, saying he never committed those two crimes.

"It's a really big objection so we're looking forward to seeing that in writing," Dersch said. She plans to prove his prior convictions and have another hearing.

Miles also has a battery charge against a law enforcement officer in Shawnee County.

"And he is not objecting to that because he knows we have those records on-hand," Dersch said. "He's objecting to the ones from out-of-state that are sometimes difficult to prove up."

Dersch will call the Arkansas court system to prove it was, in fact, Miles.

"It is not very common that the mistake has been made, it is common for defendants to object because the burden is on the prosecution to prove those," she said. "And we may write to some far-off county in some far-off state and the record that they kept was insufficient to prove that that was actually him."

If she cannot prove at least one of those convictions, Miles will not serve the up to 55 months in jail.

If a criminal defendant objects to prior convictions, the attorney must submit that in writing. Wendell Betts, Miles' attorney, said he did not receive the pre-sentencing investigation until that morning, and couldn't submit the objections in writing.

Dersch said she didn't get the objection until the court appearance.

"It is typical for and not unusual for a criminal defendant to object to certain portions of his criminal history," Dersch said.

Without the Arkansas convictions, Miles could be placed on probation at the judge's discretion.

The sentence hearing is delayed until February 27.