Boy Accused of Killing His Father Is Released

A seventh-grade boy accused of murdering his father during a dispute sparked by a poor school grade was released from Juvenile Hall and sent home to stay with his grandparents in National City until further court proceedings.

Juvenile Court Judge Lisa Guy-Schall ruled Monday that Lepolious Miller IV, 13, could be released because he did not appear to pose a threat to others and was not at risk of committing suicide. A preliminary psychiatric evaluation ordered last week was presented to Guy-Schall before she made the ruling, defense attorney Barbara Davis said.

Guy-Schall ordered that the boy remain under his grandparents’ supervision. Lepolious’ grandparents, Mildred and James Grier, had raised the boy for about eight years and were named his legal guardians in February. Mildred Grier is the mother of the slain man, Lepolious Miller III.

The teen-ager is allowed to leave his home only to attend church and counseling sessions with a psychologist. He is expected to enroll in a home-study program, Davis said.

The prosecutor in the case opposed the release, saying he thought the boy’s mental state was still in question.

“The judge has said he is safe to go home,” said Deputy Dist. Atty. Carlos Armour, head of the Juvenile Court division. “We think it is premature to make that determination. We really don’t know why he killed his father.”

The Oct. 28 shooting occurred during a visit by the father to the Griers’ home in National City. The elder Miller scolded his son, a student at Granger Junior High School, for hiding a report card. According to police, the boy and father argued repeatedly during the course of the afternoon. The elder Miller gave his son a mild spanking and later suggested that he attend remedial courses to make up a failing mark in science class.

The dispute ended when the teen-ager got a revolver from an upstairs room and shot his father once in the chest, police said.

Several hours elapsed between the spanking and the shooting, including a break during which the teen-ager went to a three-hour basketball practice. The father attended part of the practice and gave his son a ride home.

The elder Miller had been under court order not to discipline his two sons after Mildred Grier applied for a temporary restraining order against her son, accusing him of child abuse.

Files kept on the family from the Department of Children’s Protective Services have been requested by a judge who presided during hearings earlier this month, Davis said. The files date from 1987.

A week after the shooting, the teen-ager was allowed to join his family at a funeral service for Miller. The boy went quietly, Davis said Tuesday.

“And he was quite emotional,” she said. “But he handled it well.”

On the way home from Juvenile Hall on Monday, the family drove the youth by the grave site, Davis said.

“He’s sad about what happened,” she said. “No question about that.”

A hearing to determine trial readiness is scheduled for Dec. 11.