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An Austin man has avoided going to prison by claiming the man he stabbed to death had come onto him. James Miller will serve 10 years probation after being convicted of criminally negligent homicide in the killing his neighbor Daniel Spencer in September 2015.
Prosecutors argued that because the victim didn’t touch Miller or even announce an intention to hurt him, the idea that deadly force was necessary was “ludicrous.” The defendant did not have “so much as a scratch on him.