The Millers, a family at the center of a racially charged incident during a Hot August Nights event in Virginia City, will not attend their pretrial conference originally scheduled for Thursday. Instead, the next court appearances are set for May 2025, according to the Virginia City Justice Court.

Gary, Janis and Tiffany Miller were arrested on August 7 following allegations from Ricky Johnson, who said they used a racial slur and assaulted him on August 2 while he was collecting signatures for a petition at the event. The Millers were originally scheduled to appear in court on Nov. 14.

Gary Miller faces charges of breach of peace and an unlawful act because of actual or perceived race. Janis Miller is charged with battery and their daughter Tiffany is charged with delaying a peace officer. All charges are misdemeanors.

Johnson recounted the incident, stating, “The first thing this guy said was, ‘Get the hell out of your face with the N-word.’ I said, “What the hell did you say?” He replied back, “I have a tree hanging in my back yard for the likes of (you).”

Johnson recorded a video of the encounter, which has garnered more than 1 million views on TikTok. In the video, Johnson asks Gary Miller to repeat his statement about the hanging tree, to which Miller responds that it is in Johnson’s back yard. Janis Miller is seen in the video touching Johnson’s arm and trying to pull him away, which Johnson described as an attack.

“I want them to be charged. This is the justice I want – them accused. And let it be said that this will not be accepted in Virginia City, Nevada. It will not be accepted here. It will not be accepted anywhere. Johnson said.

Hot August Nights permanently banned the Millers from the annual event, condemning their behavior. The incident also drew condemnation from top Nevada leaders, including Gov. Joe Lombardo and Attorney General Aaron Ford.