Pro Bono
Dominic Starr Battles for Release of Pastor Detained in Russia
When Phillip Miles, Senior Pastor of Christ Community Church in Conway, arrived at the airport in Moscow, his luggage was searched by Customs officials. A box of hunting rifle rounds he brought as a gift for a fellow pastor and friend in Perm, Siberia, was confiscated. Pastor Miles was told that he had failed to properly declare the bullets upon his arrival. He had declared them when he left Myrtle Beach International Airport, but found no English signs in Moscow to alert him to the need for a second declaration. After explaining this to the Customs officials, he was allowed to continue his journey to Perm. This was his 12th mission trip to speak at churches and to visit church-backed orphanages and rehab facilities.
On his return from Perm, however, he was arrested when his plane landed in Moscow. He was detained and faced smuggling and trafficking charges and three to seven years in prison. A judge five days later ordered that he be imprisoned to await trial.
Thus began a legal and political battle to free Pastor Miles from a Russian system that doesn’t recognize innocent until proven guilty. At home in Myrtle Beach, Partner Dominic Starr followed the saga of his friend and pastor and wondered “What if?” Mr. Starr had hoped to accompany his pastor on this mission trip, but scheduling conflicts kept him home. He decided to enter the legal battle from the United States, hoping to put additional pressure on the Russian government.
Mr. Starr was able to assist in several capacities: As the media began to get wind of the story and besiege the church staff and Miles family members for information and interviews, he volunteered to coordinate media information and become the spokesman for the church and family. Pastor Miles appointed him an Elder via letter through the U.S. Embassy, allowing him to take increased leadership responsibilities within the church. On top of these increased responsibilities, Mr. Starr volunteered his legal skills on a pro bono basis to work with Pastor Miles’ Russian attorney to develop a defense strategy that eventually brought the pastor home to Christ Community Church.
“When Phillip was arrested, I told the church leaders that my firm has a lot of contacts and resources, and there are certain things I can do to help. We didn’t know how long it would be. At first there was a chance he would be released and could come home in a week or two. But then as the situation worsened, my role changed accordingly,” Mr. Starr said.
After nearly three months in prison, Pastor Miles’ trial took place in April. Despite legal efforts to have the smuggling charge dismissed based upon lack of intent to commit a crime (which is a required element for a conviction), the trial judge found Pastor Miles guilty of smuggling ammunition, stating that he was a danger to society. He was sentenced to three years and five months in prison.
In the face of this crisis, Mr. Starr increased his efforts working with the Russian attorney and an interpreter and assisted with developing an appeal that was filed in May. He also worked extensively with the State Department in Washington, the American Embassy in Moscow, and with Sen. Lindsay Graham’s office in their diplomatic efforts to have the pastor released. Calls were made to the entire S.C. Congressional delegation, each of whom wrote or called Russian officials on behalf of Pastor Miles. Fifty other members of Congress petitioned the Russian Embassy on Pastor Miles’ behalf. The S.C. General Assembly passed a resolution calling for his release. Media throughout Europe and the United States followed the case.
The appeal focused on Pastor Miles’ lack of criminal intent, his clean record, and his high regard in the United States. Mr. Starr secured numerous letters of reference from legal and law enforcement officials to support his reputation. These had to be notarized and transcribed into Russian. Pastor Miles himself pleaded at the appeal hearing, “Please don’t destroy my life over one box of hunting bullets.”
At the conclusion of the appellate hearing, the three-judge panel deliberated for 10 minutes and ordered that Pastor Miles be released immediately.
“I’ve never worked on an international issue like this, so it was definitely a learning experience. It was fascinating working with the Russian lawyer, reading the Russian Criminal Code, and developing a strategy for his defense and appeal,” Mr. Starr said.
Pastor Miles called Mr. Starr the day he got out of prison. “He had only been out of prison for a few hours, and he asked if Donna (Mason, Mr. Starr’s AA), who helped me with everything, was in the office. I called her in and he thanked her personally over the phone. She literally was the second person in the States, other than his family members, that he talked to after he got out of prison. That meant a lot to our entire office.”
Pastor Miles and his wife visited the Myrtle Beach office July 14 to personally thank attorneys and staff for their support. He described his prison conditions and answered questions for about an hour. “Everyone was fascinated with his story,” Mr. Starr said.
In media interviews since his return to the states, Pastor Miles has repeatedly praised the efforts of Nelson Mullins. He recently said of the Firm, “They have been phenomenal. They kept pressure on my attorney wanting to know what was being done, made calls and sent letters.”
Pastor Miles has said he hopes to have an opportunity in the future to return to Russia to visit the church members and friends that he has there. Mr. Starr, however, says he will stay home!
