Newly released court records show that the Justice League actor accused of breaking into a southern Vermont home and stealing alcohol told police they were there to borrow cooking ingredients on behalf of their mother.
Ezra Miller, who has starred in movies including “The Flash,” had been set to appear Monday in criminal court in Bennington on charges alleging they broke into a nearby residence in Stamford to swipe liquor.
However, according to court records, Miller’s arraignment has been pushed back to Oct. 17 in Bennington County Superior criminal court. No reason was given for the delay.
Bennington County State’s Attorney Erica Marthage, the prosecutor, could not be reached Friday for comment.
Vermont State Police announced last month that Miller, who has a home in the Bennington County town of Stamford, had been issued a citation to appear in Bennington County Superior criminal court for arraignment on a felony burglary into an unoccupied dwelling.
Court documents show that not only is Miller, 29, facing that burglary charge for allegedly breaking into the home, but also a misdemeanor charge of petty larceny for the alleged theft of three bottles of liquor.
A five-page affidavit filed by Trooper Colin Shepley in support of those charges details the investigation that began May 1, when the reported burglary occurred.
According to the filing, police were dispatched around 6 p.m. that day to a home on County Road in Stamford based on a report by Isaac Winokur, the owner of the residence who was out of town.
Winokur told police that he saw a neighbor, who he identified as Miller, on his property via a security camera. Winokur also reported that it appeared Miller went into the home without permission, according to court documents.
Winokur told police he recently purchased the home and had been friends with Miller for about 18 years, according to the affidavit.
Winokur said the video from a home security camera showed Miller walking down the stairs leading from the home’s porch with what appears to be three bottles of liquor, Shepley wrote in the filing. Winokur added that Miller then handed the three bottles of liquor through the driver’s side window of a waiting vehicle to an unknown person, according to the affidavit.
Winokur said the three bottles appeared to be those he recently purchased containing gin, vodka and rum, which had been stored in the home’s pantry, Shepley wrote.
Another video clip shows Miller picking up the camera and saying, “Oh,” before placing it back in position, according to the affidavit.
Winokur told police that Miller had been at the residence several times in the past, but only by invitation, which wasn’t the case in this instance.
Shepley wrote that he went to the County Road home the next day and found that several lights had been left on, which he noted seemed odd since no one had been living in the home for several days. The trooper added that the living room area was “somewhat disheveled,” with several items scattered on the floor in the areas of the pantry, and a front entry door to the home unlocked.
Winokur later told the trooper he did not leave the lights on when he left the home and that he hadn’t left items on the floor in the area of the pantry. He also reported that from the photos provided by the trooper, he could see that the three liquor bottles were not on the pantry shelves as he had left them.
Shepley wrote that he repeatedly tried to contact Miller by phone, but their voicemail was full and he couldn’t leave a message. It wasn’t until June 17 that Shepley stated he was able to meet Miller and question them.
Miller told police they were in the home to take “cooking ingredients” to Miller’s mother who also lived nearby, the affidavit stated. Miller said Winokur is a family friend who should have known what was going on because Miller’s mother asked Winokur for permission ahead of time.
Miller said they entered the home through an unlocked door and took the needed ingredients, according to the filing, including vinegar and cooking wine.
Two days later, Shepley wrote, he spoke with Marta Miller, Ezra Miller’s mother.
“Marta then quickly explained how Winokur, Ezra and she are all close and it is not uncommon for them to walk in each other's homes unannounced,” Shepley wrote.
Asked if she specifically asked Winokur for permission to go into the home to get cooking ingredients, according to the affidavit, Marta Miller replied she did not.
If convicted of the two charges, Miller faces up to 26 years in prison.
Entertainment Weekly reported last month that Miller issued a statement at that time addressing allegations that had been raised about the action in the previous weeks and they had begun treatment for “complex mental health” issues.
"I want to apologize to everyone that I have alarmed and upset with my past behavior,” the statement read. “I am committed to doing the necessary work to get back to a healthy, safe, and productive stage in my life."
Rolling Stone in June reported on allegations of "unsafe" conditions at Miller's home in Stamford, where a woman and children were reportedly staying. Also, Miller was arrested in April on an assault charge in Hawaii, according to a Yahoo News report.
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