- Dale Allen Miller, 41, was sentenced to 17 days jail and four years on probation for sexual misconduct.
- The former Army recruiter was arrested after an investigation into a relationship with a teen girl in one of his classes.
- A sentence of zero to five years in prison was suspended.
SALT LAKE CITY — A former Army recruiter stood in a black shirt and black suit before a judge during his sentencing on Tuesday as he was ordered to jail and probation.
He was arrested last year after being accused of inappropriate sexual conduct with a 16-year-old girl who was a student in a class he taught at a West Valley boxing gym.
Dale Allen Miller, 41, of Layton, was ordered to spend 17 days in jail and four years on probation for attempted forcible sexual abuse, a third-degree felony. Third District Judge James Gardner gave him credit for the 17 days he already spent in jail. He was sentenced to zero to five years in prison, but that sentence was suspended.
Not serving any additional time in jail was something attorneys on both sides and the judge agreed to at the time Miller entered his guilty plea. The plea deal also dismissed a second count of attempted forcible sexual abuse, a third-degree felony, and providing a minor tobacco, a class C misdemeanor.
The judge ordered Miller to abide by group B sex offender requirements, which will include being on the sex offender registry for 10 years, and issued a continuous protective order requiring him to not contact the woman involved.
Miller's attorney, Amy Fowler, asked instead for a sentencing protective order, which would expire after he completes probation instead of if a judge orders it to be dismissed.
"Mr. Miller has handled this entire situation with such integrity and compassion toward the other person," his attorney said.
She said he pleaded guilty, admitting to hugging the girl from behind and touching her breast, but that she believes they could have won at trial. He wanted to take accountability for creating the situation where the woman felt uncomfortable and did not want to put her in another uncomfortable situation by choosing to have a jury trial, the attorney said.
Fowler said Miller spent 20 years in the Army without any disciplinary action, but this incident has ended his military career.
Miller chose not to make any comments before being sentenced.
Prosecutors said there was enough evidence for a continuing protective order, noting that he had communicated with the woman online as well.
Charges said police began an investigation into Miller after the owner of the boxing gym reported an inappropriate relationship with the then-16-year-old, including pulling her aside after classes and telling her "really inappropriate things he had done in the military" and speaking about his sex life.
Police said when interviewed, the girl admitted "she felt like she was being groomed."
