49ers’ Miller faces charges over girlfriend’s cellphone
San Francisco 49ers fullback Bruce Miller will be arraigned Monday on a charge of vandalism after authorities said he smashed his girlfriend’s cellphone in Santa Clara in March, according to the Santa Clara County District Attorney’s Office.
Miller, 27, has been charged with misdemeanor vandalism and his arraignment in Superior Court in San Jose will take place at 1:30 p.m., Deputy District Attorney Jim Demertzis said.
Miller faces up to a year in jail if convicted, Demertzis said.
On March 5, Miller and his girlfriend, who is not being identified, argued in the parking garage at the Hyatt House Santa Clara at 3915 Rivermark Plaza, Demertzis said.
The girlfriend originally told Santa Clara police that Miller pushed her out of a vehicle, then grabbed her cellphone from her and smashed it, he said.
His girlfriend had no visible injuries, refused medical attention, did not complain of pain and later told officers that there had been no physical contact between the two, Demertzis said.
A witness, who was seated in a nearby bagel shop, reported seeing Miller and the girlfriend exit the garage on foot while arguing and that Miller threw a cellphone against an exterior wall, prosecutors said.
The witness then permitted the victim to use their phone to call police to complain about the damaged phone, according to prosecutors.
Any sort of property damage may be considered as vandalism, either felony or misdemeanor. In Miller’s case, since the estimated value of the Apple phone was below $400, under state law it is considered a misdemeanor, Demertzis said.
Miller was drafted by the 49ers in 2011 from the University of Central Florida. Last season, he caught 18 passes for 189 yards and two touchdowns and gained nine yards rushing on six carries, team officials said.