Director Randall Miller, who remains on probation for the fatal accident on the set of “Midnight Rider,” has scored $1.5 million in California state tax incentives to make his next independent feature.
'Midnight Rider' Director Loses Bid for Early End to Probation
Miller and his team were granted the tax credit to make “Supercrip,” a story about a quadriplegic Uber driver whose life is changed when he meets a “self-centered movie star,” according to the description.
Miller is not allowed to direct movies while on probation. In an interview, he said he wrote the screenplay, but is not directing. No director has been hired.
He said filming is expected to begin on March 1, though he is still working to put together the financing. His probation is due to expire on March 9, after which he will no longer face any court-imposed limit on his activity.
Miller pleaded guilty in 2015 to involuntary manslaughter in the death of camera assistant Sarah Jones. He was found culpable for setting up a shot on a train bridge near Jesup, Ga., without getting permission from the railroad. A freight train killed Jones and injured six others.
Miller served a year in jail and was also ordered to serve 10 years of probation. Since agreeing to the plea, Miller has sought to reduce his sentence on five separate occasions, most recently in April.
Under his probation terms, Miller is forbidden from working as a director or first assistant director, or having other roles where is he responsible for safety on set.
In 2020, state officials sought to revoke his probation and send him back to jail because he directed a film in Serbia. The film, originally titled “Higher Grounds,” was ultimately released on streaming platforms under the title “Coffee Wars” in 2023.
Miller and his lawyers argued that they believed he was allowed to direct movies, so long as someone else was responsible for safety. At a probation revocation hearing, Miller apologized for the misunderstanding.
Judge Anthony L. Harrison decided to give Miller a stern warning rather than put him in jail.
Randall Miller Asks Appeals Court to End Probation Three Years Early
“You’re not to act as a director, period,” Harrison said at the time.
Since then, Miller has twice sought to end his probation, and once asked to have his petition heard by a different judge, arguing that Harrison was “biased.” Harrison rejected both requests.
Jones’ father, Richard Jones, opposed the early termination, telling the judge that Miller was suffering from “buyer’s remorse” over his plea deal. He expressed that he wished Miller would “just accept his punishment.”
In a ruling in June, Harrison sided with Jones.
“Miller is serving the sentence for which he bargained,” the judge wrote.
Jody Savin, Miller’s wife, is producing the film, which is set to film in Orange County and San Diego. Toby Forrest, a relative of Miller’s on his wife’s side, is set to star as the quadriplegic Uber driver.
“As a performer with a disability and winner of the Christopher Reeve Acting Award, I know the challenges and benefits of inclusion in the entertainment industry,” Forrest said in a press release issued Tuesday by the California Film Commission. “As a California native and wheelchair user, I am beyond proud to be part of the California Film & Television Tax Credit Program and its commitment to creating opportunities for diversity. This tax credit will allow us to create inclusive employment and authentic casting, while also sharing education and awareness that can motivate entertainment companies to incorporate diverse hiring at every level of production.”
The film is expected to hire a crew of 85 people, and shoot for 30 days, with about $5.7 million in below-the-line costs.
Randall Miller Did Not Violate Probation By Directing a Film, Judge Rules
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