A 5th Circuit preliminary hearing for two men charged with the southern Utah highway rest-stop slaying of a Kentucky trucker has been set for Oct. 17.
Beaver County Attorney Leo Kanell said the hearing scheduled Tuesday for Timothy Michael Miller, 24, Clarkston, N.Y., was postponed for six days.Kanell said he sought the delay so the preliminary hearing for Miller and co-defendant Tracy Eugene Smith, 21, Chicago, could be held at the same time before Judge Robert Braithwaite.
The prosecutor said he will call the same witnesses in the cases against each defendant.
Smith, also known as Eric Sims, is charged with capital homicide in the Oct. 3 shooting death of James G. Bray, 53, Asher, Ky. Miller is charged with second-degree murder.
Bray was shot in the head inside a restroom at an I-15 rest stop about 18 miles north of Beaver.
Smith is being held without bail in the Beaver County Jail. Miller is incarcerated in lieu of $200,000 bond.