DAYTON, Ohio (WDTN) – Officers who shot a motorcyclist after he waived a gun were determined to not have “acted criminally” in their actions, according to the Montgomery County Prosecuting Attorney’s Office.
David Lee Miller crashed his motorcycle in the 2900 block of East 3rd Street in Dayton after leaving a bar on Sept. 10, Dayton police said at the time.
When police arrived on scene, Miller became very agitated and began waving a gun, eventually placing it under his chin. Police asked 53-year-old Miller more than 20 times to drop his weapon. Miller refused.
After repeated commands to drop the gun, officers fired at Miller five times, hitting him twice. They say there were neighbors close by and they were worried about their safety, forcing them to shoot.
Medics rushed Miller to the hospital where he survived. Miller later died on Oct. 28 from an overdose in the 1900 block of Shroyer Road in Oakwood.
The officers placed on administrative leave at the time of the shooting are Officer Justin Saunders and Officer Robert Williamson, though the Montgomery County Prosecutor’s Office would not confirm or deny if those are the same officers whose charges were dismissed Tuesday.