VOLUSIA COUNTY, Fla. — The State Attorney's Office said it will not file charges against Volusia County Deputy Joel Hernandez in the September 2014 shooting that killed Edward Miller.
A Florida Department of Law Enforcement report shows Miller pulled a gun before Hernandez shot him outside a tow yard in Daytona Beach.
"Any loss of life, regardless of the circumstances, is tragic, and this case is no different. Our deputy did what no law enforcement officer ever wants to do, yet must always be prepared to do if circumstances require it -- to defend himself by neutralizing a deadly threat," said Sheriff Ben Johnson.
Raw: Deputy-involved shooting captured on surveillance
Officials said Miller was with his son in two occasions to help him get his truck from Fryer's Towing Service in Daytona Beach. Each time, the police were called because witnesses said the Millers were arguing with workers there.
"He had his hand in his pocket. He reached in and he was pulling a gun out. That's going to be perceived as a threat by law enforcement," said State Attorney R.J. Larizza.
Witnesses said Miller was threatening and armed. The second time, Hernandez and another deputy responded dressed in plain clothe, but investigators said surveillance video showed Hernandez display his badge and gun and announced he was as sheriff's deputy.
Miller was in the passenger side of a Jeep with the windows rolled up, not responding.
"There's plenty of witnesses saying that Deputy Hernandez is announcing sheriff's office, 'I'm with the sheriff's office,' identifying himself as a police officer," said Larizza.
Investigators said Miller opened the door, reached into his pocket and pulled out a loaded revolver.
"It's at that point he had pulled his revolver and he shot. I believe Mr. Miller was struck four times," said Larizza.
Officials said Miller had a hearing impairment and the windows on his Jeep did not work.
"I'm pleased that an independent investigation by both the Florida Department of Law Enforcement and the State Attorney's Office has showed that our deputy's actions were within the legal scope of his duties. Now that the independent investigations have been concluded, the sheriff's office will be conducting an internal review to ensure that the deputy's actions were in full compliance with our policies and procedures regarding the use of deadly force. Until that review is concluded, it would be inappropriate for us to comment further at this time," said Johnson.
Hernandez has been with the department since 2003.
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