Life story
February 17, 1990
Born in on February 17, 1990.
December 24, 2006
Today is Christmas Eve. I always have a party. It started in I think 1995 each year it gets better. Little did I know this would be the best one ever. This year my family was put on the angel tree through the Safe Home. I never put our names on anything like that. I don't like to ask for help. I expected a few gifts for Kayla, Jen and Aaron. How wrong I was. Those few gifts turned into a car full. Each gift that was bought by this family for us mached each of us perfectly. I was given a digital camerea. I was so pleased. Little did I know those pictures of Christmas would be the last ones of all of our family together. The party was great. My mom, my sister Birgit and the foster girls were here along with Teri and her family, my dad and Jean, Phil, Marlene, Kaylie and Lisa & Rich. We had tons of food. Phil made steamed ship as he did every year. Kayla and Rich ate most of it. Kayla loved her shrimp. Everyone had a great time.
December 25, 2006
It's Christmas Day!!!!! We always open gifts at my Mom's house. I took all the gifts there. Kayla didn't know about all the gifts. She was surrounded by wrapping paper. She was so pleased with her gifts. Most everything she recieved fit her and she loved them.
TO ME THIS WAS A CHRISTMAS MIRACLE!!!!!!!!
This was our last Christmas with Kayla.
January 7, 2007
Today is Aaron's fourth birthday party. Lisa, Rich and the boys were here. The weather was nice so the kids spent alot of time outside. Kayla & Jeremy had an icing fight. How I wish I got pictures. The kids got along so well. This was the last time Lisa, Rich and the Boys saw Kayla.
January 18, 2007
Kayla wanted me to pick her up at Kendra's house after I got off work. Kayla and Kendra had so much fun that day. They had gone grocery shopping with Kendra's mom. While there they took alot of pictures of each other posing. Kayla loved taking pictures. Once I picked her up we headed home. We talked obout her getting her driver's permit. She had asked me when we could have Mother/Daughter day. With my work schedule we couldn't do it that week-end. I was also talking about her birthday. What kind of cake she wanted me to make for her and what kind of party she wanted, but she really didn't know. Which is very unusal for her. Once we got home we said "I love you" to each other and gave hugs. Little did I know that would be the last time that I would spend time with her . The next day I worked late. I also had to work Saturday. Kayla had gone to Katelyn's house for a sleepover. Kayla & Katelyn were asked to go to a birthday for Austin, which was a friend of Katelyns. Katelyn's parents agreed. They were at the party for a little while then came back to Katelyn's house. The girls had gotten ready for bed. Later that night Austin kept calling them on the phone and asking them to sneak out to celebrate his birthday more. He was turning eighteen in two days. At first they kept saying no then they finially agreed. He picked them up in his parents car. They didn't know he took it. After picking the girls up he picked up another friend of his. They headed for Mussleman Road, which is a dirt road. Once they got there he backed the car in near some trees. Shortly later a policeman was approaching the car. Austin said "watch this" and sped down the road. He lost control and hit two trees. This all happened at 2:30 am. Kayla was killed instantly. Katelyn wasn't injured severely. The boys were air lifted to the hospital.
January 21, 2007
On 1/21/07 started out like any other day. My intention for the day was to clean the house. I had this strange thought. I was wondering if Kayla was home yet from Katelyn's house or if she was going to be home later. I knew that there was no way Kayla would be back from Katelyn's house that early in the morning. So I started to clean my house. At approximately 8:15 am my mom called. She told me that I needed to come to her house. I asked what was wrong. She just said you need to come. I told my daughter Jen that I had to go to Mom's and I'd be back shortly. Once I arrived at my Mom's I seen a police car out front. Automatically I thought something happened to my sister, Birgit or that something happened with the foster kids she had. I walked in. My mom was sitting on the chair that Kayla always sat on when she was on the computer. My mom said Kayla's gone! I remember screaming NO. The State Trooper and Coroner filled me in on what had happened. They gave us her cell phone. That was all she had with her. She was wearing pajamas. They called my best friend Lisa and she came right away. We could not reach my Brother of Dad til later. After Lisa arrived we started to walk down to my house. As we were walking to my house it felt like my world stopped but as we kept walking the world around me kept going. All I kept thinking is how am I going to tell Jen that her sister was gone. I don't remember much about telling her. All I remember is sitting her down on the couch and telling her. We did not tell Aaron he was only four. We sent him with his Dad for the week. That day we recieved so many phone calls. That day was a nightmare. One we will never wake up from.
January 21, 2007
Passed away on January 21, 2007.
January 22, 2007
Teen dies in Sunday Crash
New Oxford girl was killed, three other teens injured in W. Manheim accident.
By Shari Sanger
Evening Sun Reporter
1/22/07
A New Oxford High School student was killed and three other juveniles injured when the car they were riding in hit a tree Sunday morning in West Manheim Township.
Kayla Miller 16, of Antique Lane in New Oxford, was pronounced dead at the scene of the 2:30 am crash on Musselman Road, according to York County Deputy Coroner Steve Cosey.
The crash occured less than a minute after a West Manheim Township Police Officer had spotted the vehicle backed into a wooded area along Musselman Road, Police Chief Tim Hippensteel said.
As the officer approached the car, it fled down the dirt road, he said. The officer lost sight of the vehicle, then spotted it against the tree a short distance away, Hippensteel said.
Because West Manheim officers had spotted the vehicle prior to the crash, Pennsylvania State Police in York are handling the investigation.
Miller, a 10th-grader at New Oxford High School, was the front seat passenger in the vehicle. An autopsy will be performed Tuesday at Lehigh Valley Medical Center.
The driver of the Vehicle and One rear-seat passenger were transported to York Hospital by STAT Med-Evac and Life Lion helicopters, according to state police. A second rear-seat passenger was transported by ambulance to Hanover Hospital.
Police said the vehicle was traveling north-west on Musselman Road when it left the road and hit a tree on the passenger side-the side where Kayla was sitting.
The other three occupants in the vehicle were juviniles, so police did not release their names. And because police did not release their names, information on their conditions was not available.
Authorities said none of the individuals were wearing seat belts.
As of this morning, state police had not released any additional information about what may have caused the crash, Hippensteel said the crash was not weather related.
A desk officer with state police said no one was available this morning to answer questions related to the crash.
Kayla had transferred to New Oxford High School from the South Western School District at the end of last school year, said Dan Trimmer, superintendent of the Conewago Valley School District.
"She was a quiet student," Trimmer said.
He said Kayla's records do not show any discipline problems.
Trimmer said counselors will be available to speak with students who knew Kayla, to help them deal with the loss.
January 22, 2007
On 1/22/07 my Dad and I had to meet with the funeral director from Feiser Funeral Home at 7:30 am. All of this still seemed like a nightmare. I kept thinking Kayla can't be gone. At the funeral home we had to give the director the information for her obituary. Then we had to go to another room to pick out the casket. Was not easy. How do you pick out a casket for your 16 year old daughter? We then went back to the office to look thru books to pick out a cover and poem for the leaflet for the funeral home. It was so hard finding the right one. After we were finished there we had to go to the church to speak with Pastor Tony and my Dad purchased a burial plot for Kayla. Afterwards we drove by the crash site. There was a basket of yellow roses tied around the tree with Kayla's school picture in front. My brother Jeff put it there. He lives approximately 1/4 mile away from where the crash occured. The strange thing about all of this is the cover of the leaflet I picked out was a yellow rose. At that point a yellow rose symbolized Kayla. We stopped by the police station in West Manheim where the crash occured to get some information about the crash but we left not knowing much more.
January 23, 2007
Police continue to investigate fatal crash
Speed might have
been a factor in
Sunday Accident.
Shari Sanger
Evening Sun Reporter
1/23/07
A dusting of snow covered the tire tracks that veered off the stretch of dirt road, and frosted yellow roses in a basket of flowers tied to a tree.
Attached to the basket Monday was a photo of 16-year-old Kayla Miller, who was killed there a day earlier when the Toyota Camry she was riding in hit two oak trees in the 500 block of Musselman Road.
Miller was a front-seat passenger in the car and was pronounced dead at the scene of the 2:30am crash in West Manheim Township. An autopsy will be performed today.
Three other teens inside the car, all 17 and from Hanover, were injured, said Pennsylvania State Police Lt. Patrick Gebhart. The male driver was listed in critical condition Monday afternoon at York Hospital, he said.
In addition to the driver, the male rear-seat passenger was airlifted to York Hospital but has been released. The female rear-seat passenger was treated for minor injuries at Hanover Hospital and was released later Sunday morning, Gebhart said.
He declined to release the names of the other three passengers because they are juveniles.
Gebhart said police are still investigating the crash, but speed appears to be a factor.
Less than a minute before the crash, the car fled from a West Manheim Township Police Officer who spotted the car backed into a wooded area off the stretch of dirt road, Gebhart said.
"From what I understand, none of the families were aware the children were out and about," he said.
As soon as a cloud of dust cleared, the officer went to follow the vehicle and saw it had hit two trees after failing to negotiate a curve.
Gebhart said no one was wearing a seat belt.
"We can't stress that enough," he said.
The car had been towed to the state police barracks in Loganville, where it is being examined further.
Gebhart said troopers are consulting with the York County District Attorney's Office to determine if, or what, charges will be filed.
Kayla was a 10th-grader at New Oxford High School, where she transferred at the end of last year.
She had previously attended schools in the South Western School District, where she was enrolled since kindergarten, said South Western High School Principal Walt Graves.
Graves said two of the other three teens involved in the crash are students at South Western; the other teen had attended the high school but withdrew.
Kayla's death is the latest in a history of fatal crashes involving New Oxford students, said New Oxford High Principal Michael O'Brein.
"We have been unfortunate and have had several in the last few years," O'Brien said. "Even if it's only one child, it's one too many."
Kayla's family could not be reached for comment.
O'Brien said he always saw Kayla in the cafeteria at lunchtime.
"She was very personable but a quiet kid, always said hello,"O'Brien said. He said she was well-behaved.
Kayla's MySpace.com profile says she loved to hang out with her friends and do daring things. Several of her friends on her site have posted pictures of Kayla on their profiles, along with messages like "R.I.P. Kayla Lynn Miller" and "I will remember and love you forever. I miss you."
January 23, 2007
Kayla L. Miller
New Oxford,PA
Kayla L. Miller, 16, died
Sunday, January 21, 2007, in
Hanover.
She was born on February 17,
1990 in Hanover, a daughter of
Cherri L Miller of New Oxford.
In addition to her mother,
Kayla is survived by one sister,
Jennica S. Miller of New Oxford;
a brother, Aaron M. Miller of
New Oxford; maternal grandfather,
Sidney K. Miller of Hanover; maternal
grandmother Ursula H. Miller of
New Oxford; and a maternal great
grandfather, Lester E. Miller
of Codorus.
Funeral Services will be held
Thursday at 11 am at St. Paul's
"Dubs" U.C.C., 1958 Dubs Church
Road, Hanover, with the Rev.
Anthony Szilagyi, officiating.
Burial will be in the church
cemetery. There will be no
viewing , however the family
will recieve friends on Thursday
at the church from 10 am until
the time of the service.
Serving as pallbearers will
be Joseph Zemo, Phil Newcomb,
Rich Wonder, Matt Ruth, Wes
Geiman and Dave Livingston.
In lieu of flowers, memorial
contributions may be made
to the funeral home to
defray costs.
Feiser Funeral Home, Inc.
302 Lincolnway West,
New Oxford is in charge
of arrangements.
Memmories may be shared at
January 24, 2007
Accident victim aspired to be an actress
Kayla Miller liked to take pictures of herself and her friends
Shari Sanger
Evening Sun Reporter
1/24/07
When Kayla Miller got a digital camera for her 13th birthday, her mother said, it was the start of something she'd become known for - taking photos of herself.
"once we put the camera in her hands and once she started taking pictures, she was posing," her mother Cherri Miller, of New Oxford, said Tuesday.
She said Kayla 16, would even aim the camera toward a mirror so she could capture her own image.
"She was a beautiful girl. The camera loved her," she said.
But the aspiring actress didn't just take pictures of herself. She also liked having snapshots of her friends.
She liked to save memories. "That's all she would talk about," Cherri Miller said.
Those memories ranged from photographs and notes to even candy bars - anything that meant something to her, she said.
And now memories are all Kayla's family and friends have of her.
Kayla was killed early Sunday morning when the car she was a front-seat passenger in crashed into two trees off Musselman Road in West Manheim Township.
She was pronounced dead at the scene. An autopsy Tuesday showed Kayla died of multiple blunt-force trama, the York County Coroner's Office said.
The 17-year-old driver of the car was in critical condition at the York Hospital on Monday, state police said, but an update on his condition was unavailable today. Police said the male and female rear-seat passengers, both 17, were injured but have been released from the hospital. But a woman who called The Evening Sun, identifying herself as the male passengers grandmother, said he is still in the hospital. All three teens - who police would not identify - are from the Hanover area.
Cherri Miller said her daughter was a typical teenager who loved to talk on her cell phone, type on her computer and hang out with friends.
Kayla always had a smile on her face and lived everyday to the fullest, she said.
"She was the type of kid that brightened everyone's world," Cherri Miller said.
Ursula Miller said Kayla - her grandaughter - was her whole life. Kayla lived with her at her home two houses away from where Kayla's mother lived with her two siblings. Kayla has a 15-year-old sister, Jennica, and a 4-year-old brother, Aaron.
Jennica, who grew closer to her sister this year because they were in high school together, is coping with the loss, Cherri Miller said. She said she hasn't told her son the news yet.
Kayla was a 10th-grader at New Oxford High School, where she transferred at the end of the last school year. She had previously attended schools in the South Western School District.
"She was a quiet, down-to earth teenager," said Kayla's grandfather, Sidney Miller of Hanover.
He said Kayla was "small-featured" for her age.
Some of her friends called her "Shorty" and "Little Kayla" because she was under 5 feet tall and very petite for her age, her mother said. She weighed only 87 pounds.
"She was a good kid and she was loved by many people," Cherri Miller said.
While family members are dealing with their own loss, they also expressed wishes for the other teens involved in the crash.
"We wish the best to the driver...and the other passengers...and that all teens learn from this tragedy," Cherri Miller read from a statement prepared by the family.
January 24, 2007
On 1/24/07 was Kayla's veiwing. We chose to have it private. Having it private started many rumors. Kayla's grandmother didn't go because she wanted to remember Kayla the way she looked the last time she saw her not by the way after the crash. I respect that. I was afraid to go but I needed to see her. Those I remember attending the veiwing were Jen, my Dad, Grandpa, Jeff, Kelly Uncle Gary & Aunt Sue, Aunt Carolyn, Lisa, Teri, Brooke and Karen. If I forgot anyone I'm sorry. Parts of this time is a blur. I remember walking in and thinking she would be at the front of the room but she wasn't she was right there when we first walked in. I cried the second I saw her. Her hair was perfect. Her face looked good, but from the lips down to her neck it was swollen. She had a small bruise on her forehead. Feiser Funeral Home did a great job. Kayla was so cold. I was afraid to touch her. I didn't want to say good-bye. I held her hand and kissed her forehead. Kayla was there that day. As I walked away from the casket I felt a very cold hand on my shoulder. When I turned around there was no one there. As I was sitting on a chair while others were up at the casket a tiny feather fell on me. I was told that it was from Kayla. I put it in a little baggie and kept it. Up until today I kept thinking/hoping it's not Kayla. Seeing her lying there made it real. Our Kayla is gone!
January 25, 2007
When tender memories soften your grief,
May fond recollection bring you relief,
And may you find comfort
and peace in the thought
Of the joy that knowing
your loved one brought
For time and space can never divide
Or keep your loved one from your side
When memory paints
in colors true
The happy hours
that belonged to you.
Helen Steiner Rice Foundation
January 25, 2007
Karen Brooke's Mom read this on her behalf at Kayla's Funeral.
Kayla was my best friend. We were like peanutbutter and jelly. No one will ever be able to replace the friendship that we had together. She was all the things a best friend should be, she was so good to me. I could confide in her about anything. I will miss hanging out with her all the time and all of our good, funny, and sad times we shared together. Like the time when we got in so so much trouble at her 13th birthday party when her mom made her a really nice cake and instead of eating it we had a cake fight with it. It took us two days to clean up the mess. Her grandma was so mad! Last summer when we went to my grandpa's house and rode on the 4- wheeler together and she ran into his garage and about gave me whiplash, but don't worry Kayla, I still never told him about that.
Wow, Swimming this summer without her is gonna be so hard. I remember when we were in her pool and she was on Shawn's shoulders, I turned around and said where's Kayla? She fell off his shoulders and out of the pool. That was so funny. We had so many things in common. Kayla didn't know her father and I didn't know mine, foods we liked, our style, our hair, our music, our nails and so much more. We always watched our shows together, even if we weren't together, we watched them together as we talked on our cell phones. I always promised Kayla to be her best friend forever.
Life now is going to so hard for me without my little midget friend. Sometimes I wish I could be with her. Now that Kayla has passed on, I am no longer afraid of death knowing I will get to be with her again and we'll have so many things to talk about and catch up on. As for now, Kayla is my "Angel" in heaven and someday we will be together again. Kayla, I miss you so much and will love you always and forever.
Rest In Peace.
Your Best Friend Forever,
Brooke Powers
January 25, 2007
On 1/25/07 at 10am the funeral starts. There are people everywhere. Two of the other passengers were there with their parents. I went to school with their mothers. Right now I am very angry with everyone involved. I want to know what exactly happened and why my daughter was the one killed. A lot of relatives, friends, neighbors and co-workers were there. People I didn't know. Friends of Kayla's from both New Oxford and South Western Schools. There are people who signed the guestbook that I don't remember seeing there. A few of Kayla's friends went to the front of the church and spoke about her. I hated the words "I'm Sorry," and "How are you?" but what else do you say. Kayla was buried at the church. I remember walking to the grave. It was so cold. The walk was the longest walk of my life. It started to snow. I shook so bad sitting in front of her casket. It was so hard walking away when it was over. It was like I was leaving Kayla behind. After the ceremony it stopped snowing. Everyone kept saying it was Kayla doing that. Kayla loved the snow. My Mom headed to the car she was leaving in. She forgot about my Sister. So Rich, Lisa and I took he along with us. We are 5-10 min up the road when my cell rings. It's my Daughter Jen. I left her at the church. Fortunetly my Brother was still there and brought her home. I'm sure Kayla was laughing about that one. Not only did my Mom forget my Sister Birgit but I left my Daughter Jen at the church as well. Afterwards everyone went to my Moms house.
March 2007
The New Oxford
Silhouette
March 2007
Another fatal car crash...
Another life lost
Alexis Montecalvo
Journalism class writer
On the morning of Sunday, January 21, 2007, the life of a beautiful, vibrant young girl in a car crash on Mussellman Road,
Kayla Lynn Miller, sophomore at New Oxford High School was asked to go out with some friends. She hesitated, but ultimately decided to join her friends without asking for permission, and this fatal decision was her last. Miller was thrown into a tree and died instantly.
Miller was the daughter of Cherri Miller and sister to freshman, Jenn Miller, and brother, Aaron Miller. She had moved to New Oxford High School at the end of last year and immediately made many friends, including Devy Lua, and Kendra Johnson but still kept in close contact with her South Western friends.
Miller was a fun-loving girl who spent a lot of time on the phone and talking over the computer, which shows how involved she was with the people that meant the most to her. According to her sister, Miller was "always laughing," and "always knew when you were unpset." Miller was a selfless girl who always asked what other people wanted to do, rather than just what she wanted, claims Devy Lua.
For Jenn Miller, losing her sister has been extremely difficult for many reasons. When asked what she missed most about Kayla, Jenn replied, "Her being there for me."
"She was just a good kid... a good sister."
"If I could talk to her, I would say I wish I could've seen you one more time and that I Love you."
Jenn hopes that this tragedy will be a lesson to those who think they are invincible - it can happen to anyone.
June 16, 2007
Murder charge for teen
Cops: Pot found after fatal crash in W. Manheim
Brendan West
Evening Sun Reporter
6/16/07
State police last week filed third-degree murder charges against a Hanover teen who allegedly was high on marijuana and fleeing police when his car crashed, killing a New Oxford High School student in January.
Police allege David A. Wharton, 18, of 62 Frock Drive, fled from a West Manheim Township police officer at about 2:30am Jan. 21. When the officer turned on his emergency lights and began to approach Wharton's car parked on Musselman Road in the township.
The car, a Toyota Camry, was perpendicular to the road, according to court documents. When the office turned on his lights and approached it on foot, he said he saw movement inside and heard "Watch this," before the car sped away, going north on Musselman Road.
Police pursued Wharton, who lost control of the car, sliding across the road and hitting two trees, according to court documents.
Wharton's front-seat passenger, 10th-grader Kayla L. Miller, 16, of Antique Lane in New Oxford, was pronounced dead at the scene. Miller died from multiple blunt-force tramas, likely caused by the impact of the trees to the car, according to court documents.
Wharton's charges include third-degree murder, homicide by vehicle while under the influence, two counts of aggravated assult, accidents involving death or personal injury while not properly licensed, fleeing or attempting to elude police, possession of paraphernalia and marijuana, driving under the influence, reckless endangerment, transportation of liquor and reckless driving.
Two other juveniles - a boy and a girl - were also in the car. The boy suffered broken ribs and punctured lungs, according to court documents. He was treated and released at York Hospital.
The girls injuries were not listed in court documents. She was treated and released at Hanover Hospital.
Police said they found drug paraphernalia and a open bottle of rum in the car, and emergency medical service workers found a baggy of marijuana on Wharton, according to court documents.
According to lab tests, Wharton had enough of the drug in his system to impair his judgement, police said.
Police said Wharton only had a learner's permit, and therefore should not have been driving at the time of the crash.
Wharton and the boy had arranged for Miller and the girl to sneak out of the girl's residence and celebrate Wharton's 18th birthday, according to court documents.
Police said Wharton drove the three juveniles around for a while before ending up on Musselman Road.
Police said none of the occupants were wearing their seat belts at the time of the crash.
January 1, 2008
Midnight Blue
By Jen Miller
When I think of you
I think of the midnight blue.
I see the stars
They all have jobs to do
They all come and go
They live and die
They give us meaning
They give us light
They lead us through the great abiss
They help us find separated souls
They watch us laugh
They watch us cry
They Think of you when the day is done
That's why when I think of you
I think of the midnight blue.
Thinking Of You
By Jen Miller
I think of you from across the see
I think of all the pain I feel
See there is so much I wanted to tell you
For starters I love you, even when I was silent
I admired you for your beauty and strengths
My heart was shattered that Sunday morning
I wanted to be the one who died instead of you
But then I see my smiling friends and hyper-active little brother
And these are the times I'm
Thinking of you!
Kayla's Face
By Jen Miller
When in the sun, I see your face
Where you left without a trace.
I look to the sky just to find a sign
A sign to know you're alright
I don't see a sign I pout and frown
To know you left without a sign
I want to see your smile
And the fire in your eyes
I wish we could have said our goodbyes
Yellow Roses
By Jen Miller
When I think about you,
I think about all we've been through
I see you smile
I know you're always there,
I know you'll be my Guardian Angel through the air.
I watched you fly away,
On a snowy day.
Which made me smile, it was your favorite part of winter,
And all the dreams you have entered.
When I look back now at all of our tedious fights,
I laugh at how ridiculous they were.
When I think of you
I miss what we would've gone through.
But when I close my eyes,
I see us laughing in a field of yellow roses.
In this field there is no hatred or anger or regret or jealousy
Just two long lost friends crying with joy.
February 1, 2008
Fatal crash defendant requests move to juvenile court
2/1/2008
A Hanover man facing third-degree murder charges for a fatal crash that occurred two days before his 18th birthday is asking his case be moved to juvenile court.
Pennsylvania State Police allege David Austin Wharton, now 19, was high on marijuana and fleeing police on Jan. 21, 2007, when he lost control of his car on Musselman Road in West Manheim Township and hit two trees. Wharton at the time of the crash had only a learner's permit.
His front-seat passenger, Kayla L. Miller, died at the scene from multiple blunt-force trama, according to the York County Coroner's Office.
Two other minors were treated and released at York Hospital.
Wharton was charged as an adult with third-degree murder, homicide by vehicle while driving under the influence, aggravated assault while DUI, accidents involving death, possession of marijuana and numerous traffic violations including driving without a license.
But his attorney, Jeffrey C. Marshall, argued Wednesday in York County Common Pleas Court that the charges could be successfully disposed of the juvenile court system.
Judge Michael E. Bortner deferred ruling on the request.
If the case is sent to juvenile court and Wharton is adjudicated delinquent, he could remain under the auspices of juvenile court until age 21.
In his decertification petition to Bortner Marshall maintained. "The public interest requires that (Wharton) receive treatment and rehabilitative services, which are only available through the juvenile court system."
Police allege the Toyota Camry in which Wharton fled had been parked on Musselman Road. A West Manheim Police office came across the Camry, activated the emergency lights and approached the parked vehicle, according to court documents. He said he saw movement inside and heard, "Watch this," before the car sped away, going north on Musselman Road, court documents state.
Police pursued Wharton, who lost control of the car, sliding across the road and hitting two trees, according to court documents.
It had snowed lightly, but police said at the time the crash was not weather related.
Police said they found drug paraphernalia and a open bottle of rum in the car, and emergency-service workers found a baggy of marijuana on Wharton, according to court documents.
According to lab tests, Wharton had enough of the drug in his system to impair his judgement, police said.
Miller was a sophomore at New Oxford High School.
April 4, 2008
Appeal filed in wreck death
Case of teen, accused in deadly DUI crash, moved to juvenile court.
Katharine Harmon
Evening Sun Reporter
4/1/2008
Prosecutors have appealed a judge's ruling to move a third-degree murder case against a Hanover man to juvenile court.
The charges against David A. Wharton, 19, of 62 Frock Drive stem from a crash that killed 16-year-old Kayla Miller, ofNew Oxford, on Jan. 21, 2007.
The crash happened two days before Wharton's 18th birthday and prosecutors charge Wharton, who allegedly was high on marijuana at the time, as an adult. But Wharton petitioned for the case to be moved to juvenile court and York County Judge Michael Bortner granted the request on March 17. The York County District Attorney's office has appealed the ruling.
The crash occured after Wharton allegedly slid across Musselman Road and hit two trees as he fled from a West Manheim Township Police officer in the early morning of Jan. 21.
Miller, who was in the front seat, was pronounced dead at the scene. She died from multiple blunt-force tramas to the head likely caused by the car's impact into the trees, according to court documents.
Wharton was charged with third-degree murder, homicide by vehicle while under the influence, two counts of aggravated assult, accidents involving death or personal injury while not properly licensed, fleeing or attempting to elude police, possession of paraphernalia and marijuana, driving under the influence, reckless endangerment, transportation of liquor and reckless driving.
Two other juveniles-a boy and a girl- were also in the car. The boy suffered broken ribs and punctured lungs, according to court documents.
Police said they found drug paraphernalia, and an opened bottle of rum in the car. Emergency personnel also found a baggy of marijuana on Wharton, according to court documents.
York County Assistant District Attorney Jeffrey Boyles said he immediately appealed the decision to the Superior Court.
He said therewas no time table as to when the Superior Court would make a decision about the appeal.
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