Deputy at tow yard fired 6 shots to kill man sitting in car, son says

Deputy at tow yard fired 6 shots to kill man sitting in car, son says
By Frank Fernandez
frank.fernandez@news-jrnl.com
Published: Tuesday, September 23, 2014 at 5:30 a.m.
Last Modified: Tuesday, September 23, 2014 at 9:00 p.m.

DAYTONA BEACH — A Volusia County sheriff’s deputy was in plain clothes when he fired six shots and killed a Port Orange man sitting inside a vehicle Saturday at a tow yard, the dead man’s son said Monday.

Sheriff Ben Johnson said Edward P. Miller, 52, of Port Orange, was “brandishing a firearm” about 2:30 p.m. Saturday at Fryer’s Towing Service when he was shot by Sheriff’s Office Investigator Joel Hernandez.

Sheriff’s Office spokesman Gary Davidson confirmed Hernandez was in plain clothes and said Hernandez identified himself as a deputy. But Davidson declined to comment on the number of shots Hernandez fired or whether Miller was shot as he sat inside a vehicle. Davidson said he could not comment pending the investigation by the Florida Department of Law Enforcement.

Hernandez was involved in a fatal shooting last year in which he was cleared of wrongdoing. Weeks later the deputy was reprimanded after kicking a resisting man in the face.

Miller’s 25-year-old son, also named Edward, said he was sitting in his pickup parked near his father’s vehicle when the shooting occurred. The son said his father, who is deaf, had a concealed weapons license and had his gun tucked in his waistband and covered by his shirt.

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