By Scott Weisser
Goshen News
GOSHEN, Ind. — Mark Miller was an artist. He was also an entrepreneur.
Miller’s tattoo shop along U.S. 33 in Dunlap was the last business he would ever own.
“We never imagined when he opened his business that he would literally die there,” Sheila Miller, Mark’s mother, said in Elkhart Circuit Court Thursday morning.
Sheila Miller spoke at the witness stand. Not long after, she watched and listened while the man prosecutors say killed her son was sentenced to prison.
Todd Stewart, 36, formerly of Bristol, was sentenced to 65 years in the Indiana Department of Correction. A jury earlier this month found him guilty of Miller’s 2012 murder. Miller and Stewart worked together at the tattoo shop.
Stewart declined to make a statement in court Thursday. He did, however, tell Judge Terry Shewmaker that he plans to appeal.
Prosecutors said Stewart shot and killed Miller at the business on Sept. 7, 2012. They alleged that after killing Miller, Stewart stuffed his body head-first into a 55-gallon barrel and dumped the barrel in the St. Joseph River. Men working to clear the river of logs found the sealed barrel containing Miller’s corpse near the Six Span Bridge Sept. 20, 2012.
Jurors at the trial heard testimony regarding a contract Stewart showed Miller’s sister. That document reportedly called for the shop to be turned over to Stewart if Miller disappeared or died. Miller’s sister dubbed the contract “lies,” and his attorney testified that didn’t feel the document had merit.
The jury also heard from an investigator who cited inconsistencies in Stewart’s statements to police. Also testifying at the trial was a co-worker who said he was at the tattoo shop the night Stewart shot Miller.
On Thursday, public defender Cliff Williams said a trial should be a search for the truth.
“I’m still looking for the whole truth,” Williams said, later adding that he hopes his client pursues an appeal.
Sheila Miller spoke about her son’s artistic ability and his dedication to tattooing. She said Mark had “a big heart,” and organized benefits for families in need and assisted local charities. She said he would help a friend in need.
Mark Miller was born on Aug. 16, 1968, weighing 9 pounds, 4 ounces, his mother said. Sheila Miller said that on Sept. 20, 2012, “I received the news that forever changed my life. My baby boy had been killed.”
Also speaking Thursday was Melissa Martin, Mark Miller’s former wife and mother of two of his children. She said Stewart deserved the maximum sentence.
“(Stewart) has taken something from us that can never be replaced,” Martin said. “This has ruined a part of all three of our lives.”
Judge Shewmaker gave Stewart credit for 393 days he’d already been incarcerated.
Felony murder
In other Circuit Court proceedings, a man was sentenced to 100 years in prison for his role in a September 2013 double slaying at Saleh’s Market, 401 Middlebury St., Elkhart.
During a prior court session, Richard C. Gross, 23, pleaded guilty to two counts of felony murder — in which someone is killed during the commission of a felony — in the case. Gross later tried to withdraw the plea, but was denied by Judge Shewmaker.
Kevin L. Moore, 29, Elkhart, shot and killed market owner Jagtar Bhatti and employee Pawan Singh during a robbery. He pleaded guilty but mentally ill and was sentenced to 120 years in the Department of Correction. Gross was an accomplice in the crime.
Defense attorney Jeff Majerek indicated Gross suffers from mental health-related issues. He also said Gross wanted to befriend Moore.
“Richard is somebody who wants to follow, be a part of something,” Majerek said, later adding that Gross was following Moore’s lead.
Majerek said Gross liked Bhatti and Singh and spent much time with them. The attorney said his client didn’t want or expect the slayings to happen.
“I know he has a lot of remorse,” Majerek said.
Deputy Prosecutor David Francisco said Gross wanted to be a part of something, and was — “a wanton, callous double murder” committed by Moore.
Francisco said Bhatti and Singh served a community that relies heavily on government subsidies and food stamps. They would extend credit, and sometimes just provide food for free.
“They built a sense of community there,” Francisco said.
The prosecutor said Gross did reconnaissance in the store prior to the shooting, and knew that Moore had a loaded gun. He also said Gross wanted to be part of the robbery of his two friends.
“That’s some mark of friendship,” Francisco said.
Given the opportunity to speak, Gross said he didn’t pull the trigger and didn’t even see the shootings occur.
“Your honor, I didn’t take nobody’s life,” he said. Gross also expressed remorse, as well as his feelings about the victims.
“I think about them every night, every day,” he said. “I’ve got nothing but love for them.”
Gross spoke of what he one day hopes to tell his three daughters.
“The road daddy went down ain’t the road to go,” he said. “Not everybody is your friend.”
Gross had pleaded guilty without an agreement in place with prosecutors. As such, he was allowed the option of appealing whatever sentence was handed down. Gross told Judge Shewmaker Thursday that he plans to appeal.
Gross was given credit for 258 days he’d already been incarcerated.