Bay Area man, charged with trying to torch Pak ‘N Save, is released through plea deal
OAKLAND — Weeks after a judge tossed out 19 attempted murder charges against a man accused of trying to burn down the Pak ‘N Save in Emeryville, the prosecution and defense worked out a plea deal.
Brian Miller, 28, was sentenced to three years in state prison, in exchange for pleading no contest to a single arson count. Miller was also given three years’ credit for time served in pretrial detention — he spent 544 days in Santa Rita Jail, doubled for good behavior — which means he was released after a judge accepted his no contest plea.
Miller had originally been charged with attempting to kill everyone inside the store, but Judge Thomas Reardon threw out those charges, agreeing with a defense argument that evidence showed Miller was trying to damage the building. State law requires prosecutors to prove specific intent to kill for attempted murder.
In this case, prosecutors argued that Miller threw a Molotov cocktail at the building’s gas line, showing that he intended to turn the building into a giant fireball. The defense argued there was no evidence Miller even knew the store was occupied, as he returned hours after a dispute with staff.
According to court records, Miller got into an argument with staff about a sandwich he dropped in the store, then told employees “Pak ‘N Save is f—-d” when they kicked him out. Ironically, Miller’s attorney argued the seemingly-incriminating comment proved Miller’s animosity was toward the store, not the employees or customers.
“The plain meaning of these words used, and the only reasonable inference one can draw from those words, is that Mr. Miller was threatening to damage the building itself and that the employees would see that he burned the building down,” assistant public defender Shaylana Cleveland wrote in a legal motion.
The plea deal was finalized Nov. 17, court records show.