Brian Miller, 28, was originally facing charges of attempting to murder everyone inside the store, until a judge threw them out.
OAKLAND — Weeks after a judge tossed out 19 attempted murder charges against a man accused of trying to burn down the Pak ‘N Save in Emeryville, the prosecution and defense worked out a plea deal.
those charges, agreeing with a defense argument that evidence showed Miller was trying to damage the building. State law requires prosecutors to prove specific intent to kill for attempted murder.
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