Trials set for three in Virginia City Hot August Nights confrontation

VIRGINIA CITY, Nev. (KOLO) -There people arrested after an incident in Virginia City during Hot August Nights have trial dates set for next year in Virginia City Justice Court.

Ricky Johnson, a black man, was collecting signatures for a petition in Virginia City when he was allegedly confronted by Gary Miller, 74. During the incident Miller allegedly made reference to a "hanging tree."

Johnson made a video of the confrontation and demanded Miller repeat the hanging tree comment.

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 Associated Press reported.

Miller, 74, was charged with violation of state crimes of breach of peace and of committing a crime "because of actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons." That is a gross misdemeanor, which brings up to a $2,000 fine or up to a year in jail, according to NRS 207.

Miller also faces a misdemeanor count of a noise violation. Janis Miller, 67, faces a misdemeanor count of battery. Tiffany Miller, 45, faces a misdemeanor count of obstructing or delaying a peace officer, a misdemeanor. Misdemeanors bring fines of up to $1,000 and six months in jail.

They waived their arraignments in September.

All three have trials scheduled before Virginia City justice of the peace.

Gary Miller's trial is set for June 5. Janice Miller's trial is set for May 8. Tiffany Miller's trial is set for May 1.

Nevada Gov. Joe Lombardo issued a statement after the incident, saying he was disappointed. He said the alleged activities must be condemned and all people are welcome in Nevada.

Hot August Nights also condemned the incident.