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Paul Miller, Who Shot and Killed Dana Mulhall in Flagler Beach Wednesday, Is Set Free

March 15, 2012 | FlaglerLive | 65 Comments

The shooting took place across the fence. Dana Mulhall, who lived in the white house, was felled to the left of the garage area. (FlaglerLive)

Last Updated: 3:55 p.m.

Paul Miller was released from Flagler Beach police custody about a half dozen hours after he shot and killed Dana Mulhall Wednesday evening as the two men argued across the fence separating their South Flagler Avenue homes. (See Wednesday’s story here.)

Miller is arguing self-defense. No weapon was found near Mulhall, who had allegedly threatened to kill Miller and his dog.

“At this time the State Attorney’s office has felt like it’s not necessary to charge him,” Dan Cody, Flagler Beach’s police chief, said this morning. “They’re going to want to wait until the outcome of the autopsy.”

At mid-afternoon Thursday, the State Attorney’s office sought to clarify that statement: “The State Attorney’s office told the chief of police we had to complete our investigation before we can file our charges,” Klare Ly, spokesperson for State Attorney R.J. Larizza, said. “He never told the police chief he could not charge him.”

In other words, the Flagler Beach Police Department, the lead agency on the case, was free to file charges against Miller, and could do so based on the “probable cause” standard police agencies have to meet when filing charges. Those charges are separate from those the State Attorney then files (or not), though by the time the State Attorney files that office’s charges, they must meet the “beyond reasonable doubt” standard.

Cody said it’s not unusual in such circumstances, when two individuals are arguing and the fight turns deadly, that charges are withheld, at least initially, if there is some evidence of self-defense. “It’s under investigation at this time,” Cody said. The Florida Department of Law Enforcement and the Flagler County Sheriff’s Office assisted in the investigation.

The shooting took place shortly after 6 p.m. South Flagler is a leafy avenue lined with single-family houses in close succession, and, in that particular neighborhood, peopled with children who play, skateboard and amble about in the street. Mulhall, according to the police chief, was at a bar Wednesday evening. He returned home. Miller’s dog was barking (as it was this morning).

“Mulhall was complaining about the dog and said he was going to kill his dog, to kill him,” Cody said, him being Miller. The two men were arguing across a fence.

“Supposedly,” Cody said, Mulhall “made a move like he had a gun, and at that time Mr. Miller shot him.” Miller fired a 9mm Luger five times, hitting Mulhall at least three times. “Right now all we know is one in the neck, in the chest, and in the right or left thigh,” Cody said. An autopsy is being conducted.

The two men were each on his own property. One neighbor who heard the shooting said the five shots were fired slowly, one after the other.

Around 10 this morning, Flagler Avenue between 13th and 14th Street was back to its languid self. The yellow crime tape had been removed from the scene. Mulhall’s small white house, an old, 1,000-square-foot single-level structure he was renting from a landlord in California for well over 12 years, was quiet, Mulhall’s black Bronco facing toward the street, in front of the garage.

Across the fence south of Mulhall’s place, there was some activity–voices, a dog barking, doors clanging open and shut–in Miller’s house. A young man in his 20s appeared on the porch. He was asked about Miller. “He’s not ready to talk,” the young man replied courteously.

There was little evidence of the shooting, except for a small uneven circle of blood on the pathway leading to Mulhall’s front door.

When asked specifically about whether weapons had been found near Mulhall, Cody said “nothing visible” had been found, but that the autopsy had yet to determine whether he had a weapon on his person. Was his body not searched for weapons? “They looked on his person the best they could,” Cody said, and found nothing.

Of the neighbors in the area, some of whom had locked up their children for safety soon after the shooting, Cody said: “They don’t have anything to fear.”

In February 2009, then-Gov. Jeb Bush signed a so-called “shoot-first” law that made it legal for people to shoot first, and not retreat to a safe place, if they feel threatened.

“The prevailing fact is whether the person who doesn’t have to retreat usually believes that he is in fear of great bodily harm to himself or others, and he uses deadly force to prevent the commission of a forcible felony,” Jim Manfre, a lawyer and former Flagler County sheriff, said. (Manfre is running for that office this year.) The common law in most jurisdictions requires you to retreat to a safe place,” he said. “This statute now allows you not to have to retreat, or stand your ground, if you reasonably believe that it’s necessary to prevent a forcible felony. It then allows you to use deadly force.”

The full text of the law is below the picture at the foot of the article.

All that remains on Mulhall's path to his door. (FlaglerLive)

Florida’s Justifiable Use of Force Law

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

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Reader Interactions

Comments

  1. SSDD says

    March 15, 2012 at 10:47 am

    Wow, seems like this is becoming a trend. First in Sanford a guy shoots and kills an unarmed teenager walking home from the store. No arrest or charges as of yet, claiming self defense. Now, another man shoots and kills a man in his own yard from what it looks like over a fence and he is claiming self defense? Man, seems like all you have to do is say I felt threatened, and you can get away with murder… Interesting to see when the State Attorney’s Office will file charges. Wonder if they told Mr. Miller not to go anywhere???

  2. Cindy Welborn says

    March 15, 2012 at 10:49 am

    It’s documented on how many times the Flagler Beach Police have had complaints on those dogs barking. I have discussed it many times with Dana . He would never tell that ass he would kill him. I’ve saw it on my visits there when I stayed with him. What gives someone the right to just shoot down your loved one? Dana is a man that is loved by ME!!!!!! THE MAN IS FREE?????? I hope that drunk bastard rots in hell!!!!! I Love You Dana

  3. '=' says

    March 15, 2012 at 10:50 am

    wow…………………………………….

  4. Layla says

    March 15, 2012 at 10:53 am

    Do I have this right, I can shoot my neighbor and claim he/she threatened me and it was self defense?

    How do these elected officials get into office and what are they doing all day when they are supposed to be working for the people?

  5. ANONYMOUSAY says

    March 15, 2012 at 11:07 am

    Looks like people are starting to cash in on “Florida’s Stand Your Ground Law” if YOU perceive a threat you can use deadly force to eliminate it. Sad, there have been Police, Military personal and etc who have been in life and death situations and made it out alive without firing a shot or taking a life. This kill or be killed mentality is sending humanity down the drain faster than a bullet leaves the barrel of a gun. “You must love your neighbor as yourself.” Simple but timely.

  6. Johnny Taxpayer says

    March 15, 2012 at 11:12 am

    is it just me or does Dan Cody, Flagler Beach’s police chief come across as Barney Fife?

  7. a friend says

    March 15, 2012 at 11:14 am

    AND THEY LET HIM GO? Dana was shot down next to his own front door with no way to defend himself and this guy claims self defense? How threatened could he have been….he was the one with the gun, not Dana…the victim. INSANE….people go to jail for simple assault every day but not murder?

  8. Michelle Clair via Facebook says

    March 15, 2012 at 11:14 am

    This is nuts!

  9. Honestly, says

    March 15, 2012 at 11:22 am

    I would’ve done the same thing.

  10. Sandi Carr via Facebook says

    March 15, 2012 at 11:28 am

    Self Defense???? Insane..you can shoot someone 5 times across a fence while the victim is on their own property with no weapon in hand and get off with SELF DEFENSE? Dana is not here to defend himself! INSANE…this is our police department and out justice system in Flagler Beach? Frightening.

  11. Eileen G. Miller via Facebook says

    March 15, 2012 at 11:29 am

    How come the guy wasn’t arrested..?? He admitted to shooting him!!

  12. klnjcj says

    March 15, 2012 at 11:50 am

    This is ridiculous! Florida is the most screwed up place when it comes to punishment for crimes. I want to know if he felt sooo “threatened”, why did he shoot so many times slowly? If I thought someone was going to pull out a gun or I was that scared Id shoot one good shot that doesnt require more shooting or Id shoot alot of shots very quickly. I cant imagine someone shooting a man multiple times with a few second intervals if they felt they were in that much danger. Its like shooting someone then watching their reaction to the first shot then doing it again just because then again for the hell of if then one last time for fun….if you ask me it wasnt self defense, it was murder.

  13. Cindy Welborn says

    March 15, 2012 at 12:02 pm

    All I can say is this drunk ass took the man I love away from me. I really don;t know how I feel emotional, I’m just waiting for Dana to call me and say “How was your day Bootiehead”.I’ve had to try to explain all this to my grandson who cherished the world Dana showed him. Dana was there for his first catch of a Fish along with his Uncle Tom and now those are all the memories he will have of the Great Man he cared so much about. Little things are so important. I pray the man responsible rots in hell.

  14. fishing buddy says

    March 15, 2012 at 12:16 pm

    Good bye Dana. What a senseless loss. Your fishing buddy, Brian.

  15. Donna Heiss says

    March 15, 2012 at 12:22 pm

    We have a problem when neighbors start shooting and killing neighbors in their own yards.

  16. B. Claire says

    March 15, 2012 at 12:30 pm

    Totally absurd… pure & simple M U R D E R…until right wing/NRA Conservative gun nuts get their bretheren elected into office.

    Florida and Texas competing for who can shoot/murder the most people and be nearly applauded
    for whipping out one of their 20 guns and killing an unarmed, innocent person. You don’t even get arrested! Guess a precursor to the ‘innocent’ verdict or ‘not enough evidence to charge’ ….if you happen to live in an NRA/gun nut state.

    I’m reminded of this incident:

    Man Kills Suspects While On Phone With 911 – alleged burglers shot dead running away…while 911 telling him DO NOT SHOOT!
    http://www.cbsnews.com/2100-201_162-3517564.html

    Joe Horn cleared by grand jury in Pasadena TX shootings…once again…Thank you Texas …and soon Florida for nothing.

  17. Outsider says

    March 15, 2012 at 12:52 pm

    The reason the shooter was released is because he claimed self-defense. The law leans strongly in favor of the person defending themselves and virtually prohibits the police from arresting him unless there is strong evidence the shooting wasn’t justified. This does not mean he will not face charges. It means a thorough investigation will try to determine if the use of deadly force was justified. The police are complying with the law in not charging the shooter until the investigation determines the force was unjustified. The story is not over.

  18. Diane says

    March 15, 2012 at 1:30 pm

    We are in shock hearing about Dana, he would never hurt anyone. What a stupid reason to kill Dana and then to be let free, gosh I hope Paul gets what is coming to him. Dana you will be mssed greatly, rip
    Our thoughts and prayers go out for Dana’s family, he didn’t deserve this….

  19. Anonymous says

    March 15, 2012 at 1:46 pm

    Five shots fired with three hitting the victim is considered self defense??? What?!? Remind me never to ride my bike past this loose cannon’s home ever again…

    I’m disgusted!

  20. tulip says

    March 15, 2012 at 1:53 pm

    Another tragic result from one of Jeb Bush”s stupid laws.

    It’s very scary how easily someone can kill another person and claim that he thought the victim was going to shoot!!! This is wrong. I can see it if someone breaks into you home or business and threatens you–that is a definite threat.

  21. tulip says

    March 15, 2012 at 1:54 pm

    @ Donna Heiss—-You are correct.

  22. neighbor c says

    March 15, 2012 at 2:04 pm

    There are approximately 17 children within two blocks of this occurrence… Not only is a long time neighbor friend gone but I am beside myself wondering why a man is armed with a gun outside with children walking by. If he was indeed in fear for his life there were many of us outdoors who could have helped. This is a neighborhood not the wild west– this nonsense self defense law is making it harder for us to teach our children how to solve problems ethically and morally. A cell phone is all he needed. Dana, I’m so sorry to your friends and family.

  23. New Jersey says

    March 15, 2012 at 2:45 pm

    A similar circumstance happened in Sanford. A man, while on neighborhood watch, shot and killed an unarmed 17 year old who was walking from the store.

    And this man also claimed self defense.

    The kid went to the morgue and the man went home, free.

  24. Profiler says

    March 15, 2012 at 2:49 pm

    OMG!!!! This is beyond stupid….why didn’t they lock him up and let the judge sort it out? self defense..I mean really? Obviously he had to go inside his home and get a gun….premeditation in my book. Why not just call 911? I am soooooo livid and I didn’t know either person. Yes, Dan Cody is an embarrassment to this city and I feel sorry for the officers having to take orders from this Haw Creek bafoon.

  25. palmcoaster says

    March 15, 2012 at 3:05 pm

    All these shootings around us, are nonsense. “The shoot without retreating statute signed by Jeb Bush, should be amended”. I would be very concerned residing in that street now, especially with children, with a shoot to kill type individual released back in his house, after killing and unharmed neighbor..

  26. Kip Durocher says

    March 15, 2012 at 3:11 pm

    The “stand your ground and kill other people ” law was one of the key pieces of legislation brought to you
    by Jeb Bush and the Republican Party of Florida. This murder is on Jeb.

    The GOP and Jeb had to “payback” all the “donations” from the NRA and this law was the method.

  27. So sad says

    March 15, 2012 at 3:49 pm

    Dana is my cousin. I never considered that I wouldn’t be seeing him again. Please tell me that this man will not go unpunished. His mother does not deserve to be burying her son. His brother and sister and neice and nephews do not deserve to lose their brother/uncle. Now they will have to go there to tie things up and the man that murdered their brother in cold blood will be sitting in the very next house instead of a jailcell??? Dana has a massive family who loves him. Please let the powers that be consider that when dealing with this awful person who took him away.

  28. CT Outrage says

    March 15, 2012 at 3:50 pm

    FIrst, there was no imminent threat to this psycho. How was Dana going to bring harm to him over 20 plus feet away with a picket fence between them? Words are not enough to incite lethal force. That should be Police 101 Police Chief Cody. People of Flagler, you’d better decide if you are going to have confidence in a police department that doesn’t protect the innocent victims or get the hell out of that town. I think anyone who is outraged with the way this was NOT handled should be contacting their Mayor, State Police Department and Governor. I’m writing a letter to the Governor to see if that State Attorney should be removed for incompetence.

  29. GPIslander says

    March 15, 2012 at 4:09 pm

    Genius police chief here. Guy is shot five times, no weapon found, police chief doesn’t hold shooter or charge him with anything. The guy WILL be charged, he WILL be found guilty of murder in the second degree, and Cody will STILL be the police chief here, proof of the incompetence of the local government.

  30. Common Sense says

    March 15, 2012 at 4:20 pm

    A few things I’m having issues with in the responses… 1) everyone keeps saying the neighbor who shot was drunk when the article clearly states the man who died was the one who just left the bar. 2) If there were a drunk man yelling at me and telling me he was going to kill me and my dog…I’d shoot too. When alcohol’s involved, as it was with the man who died, people are unpredictable. Everyone may think he would never really kill anyone as he threatened to do but you can’t say without a doubt he wouldn’t be irrational when you don’t know how much alocohol he had at the bar. 3) In response to the time it took the shooter to fire the shots, has anyone given much thought to the fact that the shooter was elderly and may have had arthritis which would mean it would take some time and effort to pull a trigger???

  31. jo jo krako says

    March 15, 2012 at 4:41 pm

    Self Defense??? Bogus!!! Being assulted with words does not grant someone a license kill….how misfortunate for this poor guy, Dana… And This Happened just several houses away from mine! I hope the shooter ( Paul Miller) gets the same sentance he carried out on his victim, He was the Judge, Jury and Executioner of this poor guy who might have complained just a little to loudly…. and I am ashamed to be living in the same neighborhood as this idiot …

  32. Becca says

    March 15, 2012 at 6:12 pm

    Yah, he can, (he is alive)..Claim Self Defense..Look at the evidence. Where are Dana’s rights? He can not speek for himself. Come on now…More than one Shot…Jeeze…Wake up world…Why bother with permits? No it was not justified if people did not hear yelling and screaming. No it was not justified if there was no evidence of a weapon on the Victim. Don’t need an autopsy for that. How can he live with himself? What the H?

  33. Becca says

    March 15, 2012 at 6:25 pm

    OMG are you related? You can not make those statements as Dana is not there to tell his story. Look at the Diff of House here. He was in his own yard according to evidence. Not at the neighbors. So if he felt threatened, then SANITY would tell you to dial 911, not shoot… How do you know he threatened to Kill? Whom cares how much alchohol? It does not mean he was gonna kill somebody. Is the Dog(s) Tethered? Does it Bark 24/7? So he is protecting is Dog? Ugh…Do you have that law there about the dog? So it makes sense, looking at what evidence they are giving, that if I get drunk, it is ok to shoot me, because I am tired of listening to a Dog Bark all the time because no one cares enough to care for their Dog? You know so much..What did he say to Dana?

  34. FASTEDDIE says

    March 15, 2012 at 6:32 pm

    I guess this Chief needs to read the law because first off what is this man walking around in his yard with a gun on him does he have a permit and if there is prior problems over a barking dog hhhmmmm thats pretty simple math the law states you must be in fear for your life. and does not state you can shoot someone on their own land and if the the guy just returned from a bar and no weapon was seen that chief needs his head checked you can not shoot without seeing harm or threat yes you can defend but not in this case that is just so wrong the guy does not want to shut the dog up but it is ok to shut (Shoot) The guy next door up then i’ll just tell the cops he scared me so i shot him that is just outright bull shxx get off your but chief and send your det.s to do there job and leave the finding up to the court it wont be the first or last time cops take someone to jail i just send my regards to the family of that fellow that got shot on his own walkway and that is sad over adamn dog i think somebody needs to step for right and wrong but does this mean or cops are as political as are crazy gov. lord forbid dont go have a drink then have a prob with people next door because they can shoot ya dead and say you were going to harm them.

    Becca: you are very correct and if that dumb asx would shoot someone over words he does not even need to be allowed to own a gun he is just showing is childishness you are very right the trigger man should have been booked and the state should decide on right or wrong the chief said there was no weapon found that is simple math.

    CT Outrage: before you write re-read the stae said they never told the chief not to charge him they just had to finish their inves. before they the state file but the chief could have very well booked him for pulling that trigger

    Honestly, if you think it is ok to shoot an unarmed man you need help buddy

    Cindy Welborn, the shooter was not drunk hun it was Dana they say but he still belongs behind bars

    So sad: Yah, he can, (he is alive)..Claim Self Defense..Look at the evidence. Where are Dana’s rights? He can not speek for himself. Come on now…More than one Shot…Jeeze…Wake up world…Why bother with permits? No it was not justified if people did not hear yelling and screaming. No it was not justified if there was no evidence of a weapon on the Victim. Don’t need an autopsy for that. How can he live with himself? What the H? and my family sends are best wish’s to you and yours this is just so wrong just need to get Dan Cody off his duff and on his job

  35. Bob says

    March 15, 2012 at 6:43 pm

    “Sad, there have been Police, Military personal and etc who have been in life and death situations and made it out alive without firing a shot or taking a life. This kill or be killed mentality is sending humanity down the drain faster than a bullet leaves the barrel of a gun. “You must love your neighbor as yourself.” Simple but timely. ” Saw this EXACT wording 2-3 days ago on the website of the St. Louis Post-Dispatch. It appears this is a robot commentator for an anti-gun group that searches the web for stories where people have been killed with a gun.

  36. Bob says

    March 15, 2012 at 6:51 pm

    Cindy: I’m sorry you lost your loved-one. Judging from what has come out, if there is nothing else we haven’t heard, rest assured the self-defense claim will be hard to make. Sometimes justice moves slowly because they don’t want to make any mistakes. Look how long it took them to charge the woman in Palm Coast who ran down the woman walking her dog. I live just a few blocks from Dana’s house, and I’m sure in my walks we’ve exchanged words. For now, take comfort in the fact that you got to love him as long as you did.

  37. So sad says

    March 15, 2012 at 6:54 pm

    Common Sense… NOWHERE does it say that Dana was drunk! In any case, my cousin was shot THREE times out of FIVE shots fired. That IS murder NOT self defense! IF Dana was acting in a threatening manner (which I doubt), one shot would have stopped wounded him and stopped him. It is obvious that this man didn’t intend to just stop him, he intended to KILL him. My hope is that PAUL MILLER suffers greatly for the pain that he has inflicted on my family and on those who loved Dana.

  38. Bob says

    March 15, 2012 at 7:02 pm

    I’m very much afraid that all this outrage — justified as it is — will raise up a vigilante. Voice your outrage, yes, lay flowers at Dana’s home, yes. But please, please, ignore the other man. Don’t become another victim. Or worse yet, end up in prison yourself because you acted on your rage.

  39. Tyler Welborn ( Bee-Bop) says

    March 15, 2012 at 7:50 pm

    Dana is a good man. Why would someone do that? I love him very much. I’ll see you at the Bee-Bop Hole
    Love Tyler

  40. common sense says

    March 15, 2012 at 7:52 pm

    Dana was at the the bar from 3:30 to 4:00.. One or two beers is not drunk. He came home at 6pm. If you knew him, you have to doubt he was that confrontational with anyone. The police are doing things by the law. The state attorney release him because they need to build a case. All this will come from the autopsy. Stop with all the democratic B.S.. , this is not a political debate on gun laws. Read the law above. Do you think the neighbor qualifies self defense under it? This is murder and we lost a good person.

  41. palmcoaster says

    March 15, 2012 at 8:30 pm

    Will be local law enforcement liable for releasing this shooter, if God forbide he shoots and kill some other resident “claiming self defense?”

  42. K says

    March 15, 2012 at 9:10 pm

    Anderson Cooper has been talking about the Sanford case on his 360 show on CNN. I’m e mailing him to tell him about this case- public and NATIONAL pressure is needed to repeal these laws that make murder legal.

    Please contact national media- starting here http://www.cnn.com/feedback/forms/form5.html?10 with a link to this article so they can pick up the story.

  43. Squint says

    March 15, 2012 at 9:12 pm

    I wanna bless everyones opinions on both sides. Both Paul’s family & Dana’s family. No body will actually know what went down unless you were there and you can read the two mens mind. I’m sorry for the lost of Dana, but unless you know the whole story, don’t go calling names! Paul Miller was a wonderful man. He was ALWAYS to himself. He loved to fish, hunt, be with his family and friends, & love and be with his wife. He cared for 2 main things, his wife and his dogs. As long as you don’t mess or threaten them, he was the sweetest guy. I bless that Paul & his family are safe and they stay strong. & I bless Dana’s family too. Please know, Paul was only trying to protect himself and his family. God bless<3 Praying for all! <3 <3 I love you Pawpaul. <3

  44. Anonymous says

    March 15, 2012 at 9:21 pm

    All feel safe now, Paul Miller has been arrested and currently being held in jail, as per tonights arrests on inmate search on Sheriff website

  45. ANONYMOUSAY says

    March 15, 2012 at 9:22 pm

    @BOB, In response to your quote of my comment ” Saw this EXACT wording 2-3 days ago on the website of the St. Louis Post-Dispatch. It appears this is a robot commentator for an anti-gun group that searches the web for stories where people have been killed with a gun”. I can assure I wrote that comment from my residence in Palm Coast of my own volition. I don’t even vote. The truth hurts. Post the link if you believe this to be an anti gun pitch.

  46. Bob says

    March 15, 2012 at 10:13 pm

    No way to search the stltoday.com website for content within a comment, so I can’t provide you with a link.. But you DID, in fact, use the exact wording of a comment on a story that happened almost 1,000 miles away. I instantly recognized the sentence “This kill or be killed mentality is sending humanity down the drain faster than a bullet leaves the barrel of a gun.” It was your attempt to take this tragedy and turn it to the benefit of your own agend. It reads like something that has been professionally written and either distributed for others to post or is a catch phrase of a group that can be localized with a sentence or two about the local story. Maybe it’s not a robot, but as a retired journalist, I recognize it when I see something that is manufactured for people to use. It is too coincidental to be otherwise that the exact phrasing is used on two different websites commenting on two different killings nearly 1,000 miles apart. Unless you, too, are a former St. Louisan who follows the news up there. That said, you have every right to your opinion. If you choose to use somebody else’s words to express it, so be it. What is sad is that people latch onto stories like this to further their agenda, instead of expressing condolences to the loved ones, which I did in my response to Cindy. Never did see a comment from you to that effect. Now, I’m done. with this particular exchange. Sorry to Cindy and all Dana’s other friends and relatives for momentarily hijacking this thread, but I felt compelled to call this person out.

  47. craig says

    March 15, 2012 at 10:24 pm

    Dana will be missed by many , and I hope we can get justice for him. My thoughts and prayers are with you and all of Dana’s family in this terrible time.

  48. NortonSmitty says

    March 15, 2012 at 10:36 pm

    Just what would you have done? You would have shot a good man over the fence because he was telling you he was tired of listening to your dog bark 24/7?

  49. NortonSmitty says

    March 15, 2012 at 10:48 pm

    But the law has swung 180 degrees from being too restrictive on self defense to way too lenient.

    This is what you get blindly voting for your Republican legislature who sheepishly continues sucking at the well funded tit of the NRA. And all the local PoLice know where their bread is buttered and are afraid to buck their masters.

  50. NortonSmitty says

    March 15, 2012 at 10:54 pm

    True, but this doesn’t mean we can’t tell this reprehensible [] what we think of him.

  51. Tracy O'Hara DiGeorgio via Facebook says

    March 15, 2012 at 11:10 pm

    I think Florida needs to change the gun laws… It’s scary that anyone can have a concealed weapons permit and carry a gun…Self defense in this case just seems like an excuse to kill a neighbor who he’s had problems with in the past … I know it’s just my opinion, but pretty much anyone can get a gun these days… I don’t approve, call the cops and hide inside if you feel threatened… There are a lot of hot headed people out there that own guns…

  52. Jeff Hall says

    March 16, 2012 at 1:50 am

    This rotten SOB deserves the electric chair for what he did. Jail for life is too lenient. Dana was my cousin 4 years older than I am, and we used to hunt, fish, snowmobile, play baseball, basketball, drink beer, and party together with our friends up in Jackman. He was a good man who was honest, smart and had a good sense of humor. We had some good times together up in Little Bigwood Lake, Bald Mtn., riding our snowmobiles on the border, and many other places. We had some good times together along with his younger brother Mike who is a year younger I am.

    He is going to be missed in Jackman, and from reading the comment sections from the past two articles, he was a well respected man who will be missed in Flagler Beach also. I feel bad for his parents Douglas and Angela, and his brother and sister Mike and Karen.

    This was a senseless murder by a dangerous crazy nut, which no gun law could have prevented, because a crazy nuts like this will always find a way to hurt, or kill someone for no reason. I think Dana would have agreed with me on that point, since he understood, and respected guns.

    Anyone who will annoy the whole neighborhood with an incessantly barking dog is very inconsiderate, and in this case very dangerous. Like I said already. Electrocute the SOB!

  53. just me says

    March 16, 2012 at 2:20 am

    no you do not have it right,you neighbor apparently can now threaten your DOG and you can shoot them!!

  54. anonymous says

    March 16, 2012 at 4:32 am

    I read this story with great interest as I had contracted Dana Mulhall for several years to care for my lawn in Flagler Beach. It is tragic that his life has been cut short.
    I will say that I had to let Dana go and in fact I briefly considered contacting the police after he made a threatening phone call to me. He had obviously been drinking, was very nasty and I was quite concerned as I am a single woman.
    I mention this not to denigrate this man but to point out that since it has been reported that this altercation took place after Dana returned home from a local bar, that perhaps he had been drinking and was more aggressive than he would be in other circumstances.
    So sad.

  55. christa says

    March 16, 2012 at 8:19 am

    Paul is a good guy and it is a terrible tragedy that this happen. If you know Paul you know he is a gentle caring person. The tragedy that happen should never have occured, but I do believe that everyone’s perspective of being fearful for oneself and acting in self defense differ. It’s easy to say what we feel we would have done or what should have been done, but none of us were in either of their shoes. The miller’s had been fearful for quite a while based on previous threats and behaviors. Paul isn’t a violent person nor has anything like this ever happen in his life. As far as how many shots were made, i can only assume that fear and adrenaline took over. Our hearts go out to both families. please pray for both sides of the family as there are many lives affected and much heart break all over.

  56. John Smith says

    March 16, 2012 at 12:41 pm

    Well anonymous you just got yourself elected to the defense side of POOR PAUL by stating what you have just said about Dana. Now they will have the proof they need to show that Dana was out of control and cannot be in control of his faculties. This proves NOTHING, Dana is DEAD and his murderer shot with ill regard for anyones life in the area. There are people on here saying what a wonderful man this Paul was so peaceful and quiet well this does NOT PROVE anything either, because he pulled the trigger that KILLED Dana.

  57. w.ryan says

    March 16, 2012 at 2:10 pm

    The declaration of self defense is nothing but that. There is no evidence as far as one can see that substantiates this claim by Mr. Miller. If there were prior instances of disputes that would lead me to believe that there was motive by Mr. Miller. Furthermore the only person that was armed was Mr.Miller. How does the law work?

  58. christa says

    March 16, 2012 at 3:14 pm

    thank you anonymous for your response. I know dana was very likely a good person to all who were close to him as I can attest that paul is a good person for those who know him. Paul is a very gentle, quiet, and kind person and not at all violent. he is protective of his family and property. even he would wish that it didn’t happen the way that it did, but none of us were in either of their shoes and if threats were being exchanged and tempers, on both sides, were flaring, maybe a misunderstanding of a gesture as long with heated words excellerated fear and reactions were made. everyone wishes that this didn’t happen and that things could just go back. two families are hurting

  59. John Smith says

    March 16, 2012 at 4:05 pm

    Lives latest article puts Dana being hit twice in the back. 5 shots 3 in the front 2 in the back, he knew exactly what he was doing. No matter of Danas past he did not deserve to be shot in the back by a coward.

  60. One of the HONEST ONE says

    March 17, 2012 at 11:15 am

    What a tragedy… The police and LaRizza let Miller go. I wonder if this is a repeat of the Fischer incident.
    Dana worked for me for ten years. He was a very quiet and nice person. Miller should not be allowed to walk the streets of Flager Beach of anywhere for that matter. People you must get on the law here. They are voted into office to protect us, seems it is the other way around. I suppose if they find alcohol level a little high they will put the blame on Dana. That does not excuse Miller or anyone from killing anyone in cold blood. My understanding was that Dana had no weapon on him. I bet if someone broke into my home and I shot someone dead I would go to jail because the law protects the perpetrator,

  61. Vonda says

    March 17, 2012 at 8:58 pm

    To shoot an already injured unarmed man in the back (twice) as he is running away to save his life does not, in any way, tell me that Mr. Miller, who is alive and well was very gentle, quiet, and kind person. To insinuate that Mr. Mulhall was an alcoholic because he chose to socialize at a local establishment after a long day of hard work is ridiculous. My condolences to friends and family of Mr. Mulhall and I would like to add the word Coward should come in to play, Mr. Miller…..Shoot a man in the back because of a stupid dog…Give me a break~

  62. Rene P Guay says

    March 18, 2012 at 11:32 am

    First of all, Dana may you rest in Peace. I grew up with Dana in Jackman Maine and we were in the same class all of our child hood years. Dana was a top knotch person, and will be Greatly missed by many. It wasn’t the 9mm that made the decision to murder Dana, it was the lunitic holding the 9mm. You folks that are commenting on here about the gun laws etc. etc., you are not honoring Dana in any way by spewing your liberal anti gun feelings. Dana was an AVID hunter, fisherman and out doorsman, and I have NO DOUBT whatsoever that Dana would not want his brutal murder being used for anti gun rhetoric. In fact I am certain he would be totally appaled by it. If Miller had used a vehicle to run over Dana versus a gun, would you be spewing anti Vehicle rhetoric? Please, please honor Dana for the Great Man that he was and not use his Murder for your politcal beliefs. We Love You Dana. Until we meet again.

  63. cindy welborn says

    March 19, 2012 at 7:52 am

    We WILL see him again Brian. Thanks for everything!!!! See you in the spring!!!!!

  64. cindy welborn says

    March 19, 2012 at 7:55 am

    Thank You!!!!!!

  65. Art Woosley says

    April 8, 2012 at 10:24 pm

    Kip: you are trying people and screaming guilty before any hearing or trial takes place. Need I remind you the accused is presumed innocent until found guilty by a trial of their peers. If you were charged with a crime, you would be very thankful for that law.

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