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Paul Miller, Who Shot and Killed His Neighbor, Makes Bail, Dismaying Victim’s Family

| May 30, 2012

Paul Miller in court on May 2, when he was asking for help paying some of the bills related to his case. (© FlaglerLive)

Paul Miller, the 65-year-old Flagler Beach resident who shot and killed neighbor Dana Mulhall on March 14 over Miller’s barking dogs, posted $300,000 bond on Wednesday and was released, to the consternation of Mulhall’s family and friends. Cindy Welborn, Mulhall’s companion, had one reaction: “What the hell is going on?”

Miller shot Mulhall five times across a fence separating the two neighbors late that day. Four of the shots were fired at Mulhall as Mulhall was running away. All five shots struck Mulhall, who died at the scene. Miller claims Mulhall had been threatening, and had threatened his wife several months before.

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Miller lives at 1340 South Flagler Avenue in Flagler Beach with his wife Derrol in a 1,200-square-foot house they bought in 2010 for $130,000. He lives on Social Security disability. Six weeks ago at a hearing before Flagler County Circuit Court Judge Raul Zambrano, Miller’s family, including his daughter–who lives in Phoenix–his wife and his attorneys asked the judge for a “reasonable” bond of $50,000 to $100,000. Michelle Miller, his daughter, pleaded that her father was unwell in jail, that he was not a flight risk, and that the family had few means to gather a large bond.

Zambrano, who could have denied bail entirely, set the amount at $300,000, shocking Michelle Miller, who left the courtroom in tears.

On May 2, Miller was back in court with his Daytona Beach attorney, Douglas Williams, who filed a motion requesting financial help for Miller under a special provision that allows the court to have some costs borne by taxpayers. “They won’t pay my cost at all,” Williams, whose fees are being paid by a family member, said. “They’ll pay for things like depositions, transcripts, experts, maybe a private investigator, things of that nature.” It’s not clear whether the judge granted that motion. (A call to Douglas was not returned before this story was first posted.)

To bail Miller out, the family had to have $30,000 in cash and the rest of the bond in collateral. Until Tuesday, Miller shared a cell at the county jail with William Carson Merrill, the 33-year-old Palm Coast resident of Covington Lane who, in February, trained an AK-47 on his wife in the bathroom of their home, while the couple’s 3-year-old daughter was taking a bath and, thinking the rife was not loaded, pulled the trigger, killing his wife. Merrill faces a manslaughter charge, a possession of a firearm by a convicted felon charge, and $200,000 bond. The two men shared a cell because space is limited at the jail, and men accused of murder or manslaughter are isolated from the rest of the population.

On a recent walk-through in late morning through the jail, both men were in their cell, on their bunks, appearing to be napping or sleeping, with little in the cell to keep them occupied. Merrill’s next pre-trial hearing is in August. For Miller, depositions in the case may begin in July, his attorney said, and the trial may be held next year.

At a previous hearing, the possibility of using Florida’s Stand Your Ground law was raised in Miller’s defense. Williams would not elaborate on that possibility when asked about it on May 2. “That issue is going to come up later down the road and there’ll be appropriate motions filed if that is indeed the defense,” he said.

Memories of Mulhall at his Maine service. Click on the image for larger view.

On May 19, a memorial service was held for Mulhall in Jackman, a small town deep in Maine’s north, near the Canadian border. “He had a lot of friends there and his memory is not forgotten,” Welborn, of Flagler Beach, said, remembering his love of hunting in the Maine woods, of his fishing trips to Alaska, and of course his fishing in Flagler Beach. On July 4, Welborn will place some of Mulhall’s ashes at his favorite fishing spot at 14th Street South in Flagler Beach.

“The service in Maine was absolutely gorgeous,” she said. “It was short, not 10 minutes long, the family was on the front rows, along with myself, I asked to sit with the parents. It was a gorgeous day. It was 80 degrees. His family is Catholic, so we had a Catholic priest.” About 150 people turned up at the American legion hall, with a display of a lot of Dana’s things, including mementos from his favorite teams (the Yankees, the Celtics, the Cowboys) and his photographs. The restaurant across the street catered the occasion.

“That’s everybody’s constitutional right to be able to be bonded out of jail,” Welborn said, “but how is somebody able to shoot somebody five times, have no remorse whatsoever, and even before trial, have a free life? As far as feeling sorry for his family, I don’t. They get to visit. I don’t. My grandson is only 7 years old, and Dana showed him everything that a young man his age should start to learn.” Welborn’s grandson had just lost his grandmother. His question to her has been: “Why does everybody I love have to die?”

Welborn continued, “the thought that he’s out there, that he’ll be watching the same fireworks that I’ll be watching in Flagler Beach, is heartbreaking.”

dana mulhall

Click on the image for larger view. (© Mulhall family)

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42 Responses for “Paul Miller, Who Shot and Killed His Neighbor, Makes Bail, Dismaying Victim’s Family”

  1. Vonda says:

    And Danny, there is no presumption of innocense in this case. He ADMITTED what he did in the 911 call and to the police. Why? Because he is sick enough to beleive that he could shoot a man FIVE times and get away with it. There should be no bail. He doesn’t belong anywhere near another living soul. I pray Dana’s face haunts him every day. I pray he gets counceling and someday realizes the hell he has put my family through and suffers for it every minute. I have no ill will towards his family but…what if this had happened to HIS daughter. Dana had parents, a sister, a brother, nephews, a neice, MANY aunts, uncles and cousins. Not to mention friends. All gathered together to mourn him just a week and a half ago in Maine. We should be able to have peace now. But no, then comes the news that this man is free. No, NO presumption of innocense and there should be NO bail.


  2. Cindy Welborn says:

    To see Dana’s life and his family, send a friend request to Dana Mulhall ‘s facebook page. All we are doing is thinking about the man who murdered my loved one. Stop and take a look at Dana’s life and what the rest of it could have been!!!!!!!!!!!!!!!!!!!! Yes, most of us are full of hate. Our family has been through enough but knowing that theres more to come!!!!!!!!! Let the trial begin!!!!!!


  3. freepops says:

    so this guy that murder someone is out on bond and my father is in jail with no bond. That is so stupid so yall let him out so he can murder someone else and yall say that my father is a threat to the community now come on this doesnt make sense. The Flagler County Court is mess the hell up


  4. Von says:

    Admitted he shot and killed Dana as heard here on the 911 call. Shot in the back four times, give me a break. Miller did not deserve to receive bond. I believe in our right to bare arms, I believe in our constitution but I also believe that when you admit that you shot and killed an unarmed man, in the back no less, on his own property you should be in an institution being monitored and not walking the streets living your happy little life. Innocent until proven guilty, yes. He admitted he was guilty and furthermore I believe premeditated should fall in to play here as well after listening to his 911 call.


  5. dj says:

    i knew dana only a short while…everybody should just calm down and think about dana’s family and friends…we can go over this over and over and everybody has an opinion…did dana deserve to be killed?no….was dana shot 5 times?yes..was he shot in the back 4 times?yes… while crawling?yes….these are stated facts…the jury will hear these stated matter the history with dana and miller, the facts speak volumes…it is not for us to judge whether miller should be out on bond or not….people say miller is free..this is not so…yes he is out of jail…but he is a lonely ol man with no remorse…this man has already been judged by the almighty…he is out but hes not living high on the hog…he is a haunted man period…let dana’s friends and family remember dana for who he was,for what he meant to those who knew him..the good times dana had,the lives he touched….miller’s family will remember miller as a coward forever…a man who killed someone….dana’s family and friends wil be proud to have known dana….what is there to be proud of on miller’s side of the coin?miller has ruined 2 families forever…yes dana is gone…but not forgotten nor will he ever be forgotten…the jury will put miller where he belongs and miller will never be a free man…period…til the day he dies he will never be free…just my opinion…i choose to keep my anger in coz i cant control the system…but the system does work and it will work on the side of dana…his family….his friends…..his memory…..i have lost many friends to sensless violence and to this day i think about them and miss them,but not once do i think about the guilty….for their souls are already dead and being alive to know this is the greatest punishment of all….miller’s soul is already dead and you mark my words…this man will never know peace in his heart again…nor will his family have peace in theirs….i am at peace for i had the chance to make and have another friend no matter how short…..but i will always remember dana and he wil be in my heart forever along with my other friends who were taken way to early…but i know dana and my friends are at peace…we should be thankful that we knew dana and we had time with dana for in the end we will all be united….there will be no peace for miller for his family has to live with the horror of what this man did…period….miller will die a coward…dana will live as one of god’s angels….which would you rather be remembered for?thank you


    • mez says:

      Wait a second. The guy with the barking dogs killed the neighbor who objected to it?
      This is why I decline to speak to my new neighbor whose dog barks from before dawn till late into the night. People so callous as to let their dogs disturb the peace of their neighbors, when a little time on a bark collar (inexpensive nowdays) would stop the problem, put their dogs above being a good neighbor.
      Maybe he should have just shot Miller’s dogs, everyone would be a lot better off.


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