A Carter County man charged with assaulting an elderly man and holding him against his will in his home will stand trial on multiple charges later this year.

On Monday, Carter County Criminal Court Judge Lisa Rice scheduled Eric Miller to stand trial on Nov. 8. Miller faces charges of especially aggravated kidnapping (involving serious injury), especially aggravated kidnapping (involving a weapon), two counts of violation of an Order of Protection, aggravated assault (involving a weapon), aggravated assault (involving serious injury), and aggravated assault (by strangulation).

During Miller’s appearance in court Monday, his attorney Patrick Dention petitioned the court to release his client on his own recognizance or, if that was not possible, to reinstate the $5,000 bond he had previously made. Following his arrest in January on charges of aggravated assault and especially aggravated kidnapping, Miller was released from jail after posting a $5,000 corporate bond. General Sessions Court Judge Keith Bowers Jr. later revoked Miller’s bond after he was charged with two counts of violation of an order of protection involving the same alleged victim, Olen Pate, who was 84 years old at the time of the alleged incident. Miller worked as a farmhand for Pate and also lived in the home with him.

As part of his argument for bond, Denton read from a victim impact statement Pate provided to the District Attorneys Office where he said “I was not kidnapped. I lost my balance and fell on the floor. He did not knock me down or do any of the other things in the investigator’s report.”

Following the incident in January, Pate provided officers with a statement regarding what is alleged to have happened at his home on January 28. The following day, Pate provided a written statement regarding the allegations when he filed a petition seeking an Order of Protection against Miller. That Order was granted by Bowers on Feb. 8.

Denton said he had spoken with Pate and that Pate wanted to dismiss the Order of Protection.

“I’ve got Mr. Pate here, but I’m not going to call him to testify,” Denton said. “I’ve advised him to hire an attorney in this matter.”

Assistant District Attorney Matt Roark said the state has copies of Pate’s medical records documenting his injuries as well as statements from other individuals regarding the incident on Jan. 28.

“I’ve got three statements here from neighbors of Mr. Pate on the date this occurred,” Roark said. “He was walking through the yard covered in blood, he had bruising, and he was alleging he had been assaulted.”

Denton said Pate had told him and had signed a statement indicating the description of events provided in the police report and warrant for Miller’s arrest was not accurate and was not what he said had happened.

Rice pointed out to both the defense and the State that Pate had petitioned for the Order of Protection.

“If he sought the Order of Protection then he swore to certain facts under oath,” Rice said.

Rice set Miller’s bond as a $30,000 corporate bond, which means Miller must go through a licensed bonding agency in order to post bail and be released from custody.

“As a condition of that bond, and this is applicable regardless of whether or not the Order of Protection is dismissed, you are to have no contact whatsoever with the alleged victim in this case,” Rice told MIller. “If you violate any one of these conditions I will revoke your bond.”

Rice instructed Miller that he was not to be on any property owned by Pate, not to be around him in any way, and have absolutely no contact by any means, which she said included phone calls, text messages, a message delivered by a third party or even a letter of apology.

“No contact means no contact,” Rice said. She then asked Miller if he understood the conditions she was placing on his bond, and he replied: “Yes, Ma’am.”