Wielding a broken beer bottle outside a north-side bar, Damian J. Miller II was shot dead by a bar security officer Jan. 19.
No charges will be filed in Miller’s death, according to a ruling issued Friday by Allen County Prosecutor Karen Richards.
She ruled the shooter acted in self-defense when he shot Miller after a confrontation in the early-morning hours.
The victim was the instigator, Richards said of Miller, whose death was the first Allen County homicide in 2014.
He disagreed with his treatment by the bar employee. When he left the bar, he found a beer bottle and laid in wait for the employee and struck (the employee) over the head with the bottle, Richards said.
Indiana law does not require someone to retreat if they believe they are being threatened and if they believe force is necessary. As Miller continued to hold the broken bottle in his hand, the bar employee pulled out a legally possessed handgun and shot him, Richards said.
Officials have never identified the shooter.
Miller, 32, of 12523 Auburn Road, was found lying on the sidewalk outside Dupont Bar and Grill, 10336 N. Clinton St. He was pronounced dead at the scene.
Miller served time in federal prison for robbing pharmacies, alongside his brother, to fuel an addiction to prescription painkillers. He was a talented local musician, according to his friends and family.