Nevada man accused of hate crime acknowledged in police interview that he referenced 'hanging tree'

RENO, Nevada -- A Nevada man charged with a hate crime acknowledged he referenced a “hanging tree” during a verbal altercation with a Black man who was gathering signatures for a proposed ballot measure southeast of Reno, according to a criminal complaint made public Thursday.

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

The encounter that the Black man, Ricky Johnson, started recording after the “hanging tree” comment became heated, with both sides yelling profanities during a classic car show in in Virginia City, an Old West tourist destination. As the video starts, Johnson demands that Miller repeat what he said off camera.

Miller didn't but later told a sheriff's investigator that he told Miller earlier that “there was a hanging tree down the road to go hang out there,” according to an affidavit attached to the criminal complaint. At one point in the video, Johnson asks Miller the location of that tree and Miller replies “in your backyard.”

The comments made Aug. 2 drew quick condemnation from local and state officials.

The arrests of Miller, his wife and his daughter Wednesday drew quick praise from Nevada Attorney General Aaron Ford, who is Black.

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

Miller faces charges of noise violation and breach of peace. The latter includes an enhancement because authorities allege Miller’s actions were motivated by race, according to the complaint filed by Storey County District Attorney Anne M. Langer.

Miller's wife, Janis Miller, who is seen on the video ushering Johnson into the street, faces one count of battery. The Miller's adult daughter, Tiffany Miller, faces one count of obstructing or delaying a police officer.

It’s unclear if any of the Millers have a lawyer to speak on their behalf. Each declined a public defender 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 penalty of six months in jail if convicted. Messages to a phone number and an 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 gather signatures. He told The Associated Press earlier this week that the encounter with Gary Miller on Aug. 2 became heated after Miller called him a racial slur shortly before he started recording.

Johnson has not responded to multiple requests by email, text and voicemail from the AP for additional comment.

Miller told the investigating deputy that Johnson began yelling at him and “going crazy” when he told him he was going to vote for Trump, according to the documents. Miller said he then told Johnson “there was a hanging tree down the road and to go hang out there.”

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

Miller did not address the racial slur in the interview with police nor did he say it in the video.

In a hand-written statement to the sheriff’s office, Miller accused Johnson of trying to “draw a crowd and escalate the situation” and, later, of threatening him and his wife with 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 to 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.