Court date set for family over viral racist incident in Virginia City

VIRGINIA CITY, Nev. (News 4 & Fox 11) — A preliminary hearing date has been set for a family of three involved in a viral racist incident in Virginia City in early August.

Gary, Janis and Tiffany Miller were arrested on August 7 on various charges after Ricky Johnson allegedly racially abused and assaulted him while he was collecting signatures for a petition at a Hot August Nights event in Virginia City on August 2.

The trio is scheduled to appear for a pretrial hearing in Virginia Township Justice Court in Virginia City on November 14.

RELATED | “I want them charged,” says the man who filmed the racist incident in Virginia City

Gary Miller is charged with breach of the peace and a tort based on actual or perceived race, his wife Janis faces a charge of assault and their daughter Tiffany faces a charge of delaying the work of a peace officer – all three misdemeanors.

Johnson said he approached the Miller group during a Hot August Nights event to collect signatures for a proposed Nevada voting bill.

“The first thing this guy said was, 'Get out of here and stop calling me the N-word.' I said, 'What the hell did you say?' He said, 'I have a hanging tree in my yard for n***** like (you),'” Johnson said.

Johnson then began recording a video that has now been viewed over 1 million times on TikTok. The clip begins with Johnson asking the man, later identified as Gary Miller, to repeat where the gallows tree is. Miller responds that the gallows tree is in Johnson's backyard.

The video also shows Miller's wife, Janis, touching Johnson's arm and leading him out of the garage where the incident occurred. Johnson said it was an assault and demanded that charges be filed.

“I want them charged. That's the justice I want – that they be charged. And I want it to be made clear that this is not accepted in Virginia City, Nevada. It is not accepted here. It is not accepted anywhere,” he said.

Hot August Nights condemned the behavior and eventually permanently banned the Millers from the annual event.

The incident was also condemned by some of Nevada's top politicians, including Governor Joe Lombardo and Attorney General Aaron Ford.

The Storey County Sheriff's Office said it continues to review all information provided, as well as any information from the initial video recordings, and is urging anyone who may have witnessed the incident to come forward.

With the help of the state, they are also collecting the threatening and harassing calls that the sheriff's office continues to receive even after the incident. They added that after gathering all the necessary information, they will review each case individually and, depending on the circumstances, will either proceed with separate investigations or not.