Northern California man’s guilty plea hinges on finding victim’s remains

A man pleaded guilty to killing a Eureka woman on Tuesday, but his plea was conditioned with a requirement that he tell the police where his victim’s remains are located. If the police do not find the remains, the plea will be rejected and he will face a trial.

Jason Miller, a Eureka man pleading guilty to voluntary manslaughter in the death of 32-year-old Kiera Foley, would receive a 25-year sentence if law enforcement locates her body after his statement. He also pleaded guilty to killing Foley with a gun, committing assault with a semi-automatic firearm, assaulting Mark Dare — a now convicted child molester who was in the county jail with Miller for a time — and giving him great bodily injury.

“(Miller) will give a full and truthful statement as to the remains of Kiera Foley,” Andrea Sullivan, Miller’s attorney said Tuesday afternoon in superior court.

Before the plea agreement, Sullivan had filed a motion to dismiss charges against her client, citing the fact that Foley’s body had not been found. During Miller’s preliminary hearing, Sullivan argued there was scant evidence that Foley was even dead.

The preliminary hearing included testimony from a woman who said she saw Foley’s body in Miller’s former motel room at the Laguna Inn and two other women who said he told them he killed Foley. A Eureka Police Department officer also testified that he found a doodle in Miller’s notebook reading “no corpse no crime.”

During the change of plea hearing, no mention was made of Foley’s dog, Bubbles, who Miller was also accused of killing.

Deputy District Attorney Roger Rees said Foley’s family was in agreement with this deal.

“If we are unable to locate the remains, the plea would be rejected,” Rees said.

Miller also signed an immunity agreement that would prevent his statement to the police about Foley’s remains from being used as evidence during a jury trial, unless in rebuttal arguments.

Miller, who has been in custody since Dec. 9, 2021, was present for the plea agreement in a jail jumpsuit and mask, as he had tested positive for coronavirus. Foley’s family was also present for the proceedings. Judge Joyce Hinrichs presided over the change of plea hearing.

If the police find Foley’s remains, Miller will be sentenced Aug. 24.

Jackson Guilfoil can be reached at 707-441-0506.