Grand jury declines to indict Dayton police in shooting

UPDATE @ 3:48 p.m. (Nov. 15): A Montgomery County grand jury has declined to indict the two Dayton police officers involved in the shooting that wounded David Miller following a crash in September.

The officers are Justin Saunders and Robert Williamson. The grand jury rendered its decision today.

INITIAL REPORT:

Police said David Miller had broken up with his girlfriend and later said he was suicidal when he held a gun under his chin Saturday night before officers shot and wounded him.

Miller, 53, had crashed his motorcycle into a fence at 2913 East Third St.

Dayton police Chief Richard Biehl said what started as a routine interaction to determine if the rider was hurt turned when Miller took handgun out of his jacket.

The incident from 6:32 p.m. Saturday was captured by two cruiser cameras and cell phone footage taken by a citizen near where Miller crashed. Dayton police showed the videos during a Monday press conference in which Biehl said the shooting was justified.

“Officers ordered Miller to drop the gun numerous times, which he ignored,” Biehl said. “His behavior was erratic, volatile and unpredictable.”

Dayton police officers Justin Saunders, an 8-year veteran, and Robert A. Williamson, sworn in Aug. 5 of this year, fired their weapons after Miller started moving toward citizens with the gun kept under his chin.

Video captures Miller saying he wouldn’t put his gun down even if police told him to do so “20 more (expletive) times.”

The officers fired five times at Miller, with one shot hitting his arm and continuing into his rib and lung. A second bullet was stopped by the wallet in his pocket.

Biehl said Miller was handcuffed before medics arrived a short time later. Miller was taken to a local hospital, where he was treated and is in stable condition while recovering. He is under police guard.

“He had recently broken up with a girlfriend, and he said it was his intent to commit suicide,” Biehl said Miller told detectives. “Given what’s currently known about the total circumstances involved and the significant risk that Mr. Miller posed to both officers and citizens, Officers Saunders’ and Williams’ response to this significant threat is reasonable.”

Biehl said a beanbag shotgun on scene had a limited capacity for distance and hasn’t proven to be effective in prior uses in Dayton.

Miller had two warrants, one for heroin possession from the Montgomery County Sheriff’s Office and a traffic warrant from Huber Heights. Toxicology reports will be performed. Biehl said Miller had left a bar before the crash.

Biehl said Miller’s criminal history includes carrying a concealed weapon, possession of heroin, possession of crack cocaine, theft and failure to comply.

Biehl said Miller’s gun had five live rounds in the magazine and one live round in the chamber. He was also found in possession of suspected heroin and methamphetamine and a scale.

Saunders had four written commendations, two letters of appreciation and one employee counseling form for a minor traffic crash. Williamson had nothing of significance in his file from his first month of service.

The officers were put on paid administrative leave per departmental policy. Both a criminal investigation and an independent administrative review will be conducted, Biehl said.