“Mr. Hamilton was in his motor vehicle, and it appears that (Miller) attacked Mr. Hamilton in some fashion,” said Greg Flannagan, spokesman for the county prosecutor’s office. “Under Ohio’s Castle Doctrine, one is permitted to use whatever force necessary, if you’re in your home, or if you’re in a private vehicle, to defend yourself. Based upon the Castle Doctrine, we did not feel that we could charge Mr. Hamilton with any kind of a homicide charge.”
A three-prosecutor panel approved a charge of improper handling of a firearm inside a vehicle and trafficking in less than five grams of heroin against Hamilton, 20, of Dayton.
A grand jury has been subpoenaed to determine if Hamilton will be indicted on the charges, according to Common Pleas Court records.
Hamilton was still being held in the county jail as of 1 p.m. Wednesday.
Miller, 19, of Hillsboro, was shot three times in the 2600 block of Falmouth Avenue after arguing with another man who was inside a vehicle. Prior to the shooting, Miller had arrived on Falmouth in a vehicle and accompanied by a 20-year-old woman who was also a Hillsboro resident. After the shooting, the woman helped Miller back into their car and drove to the Popeyes restaurant on Salem Avenue. The shooter fled in his vehicle.
Miller later died at Miami Valley Hospital.
The sheriff’s office issued an area-wide alert for Hamilton and a bronze 2006 Monte Carlo SS on Oct. 11. He was arrested on Oct.18.
Miller’s family and friends will hold a vigil in remembrance of him in Hillsboro on Friday.
Contact this reporter at (937) 225-2414 or kwynn@DaytonDailyNews.com.
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