Paul Miller, the 66-year-old resident of South Flagler Avenue who, according to Flagler Beach Police Chief Dan Cody, shot and killed his neighbor over an argument about a dog Wednesday evening, was booked into the Flagler County jail this evening on a second degree murder charge.
Miller shot five times at Dana Mulhall, his next-door neighbor, hitting Mulhall at least three times, including once in the chest and once in the neck. The shooting took place shortly after 6 Wednesday evening, after Mulhall, a landscaper and long-time resident of Flagler Beach, had returned from a bar and complained about Miller’s barking dog. Complaints about Miller’s dog have reportedly been frequent. The two men argued across the light-born picket fence that surrounds Miller’s well-tended front yard.
Mulhall, according to Flagler Beach police, threatened to kill Miller and his dog. Miller took out a 9 mm and shot Mulhall, who was not armed.
Miller had been freed late Thursday evening after he was questioned by Flagler Beach police. Flagler Beach Police Chief Dan Cody this morning said he was free pending the results of an autopsy and the State Attorney’s decisions. But the State Attorney’s office Thursday afternoon said the Flagler Beach police could charge Miller independent on the State Attorney’s decisions, which normally follow the State Attorney’s own procedures.
Miller’s release had been a surprise.
The arresting agency is listed as the Flagler County Sheriff’s Office on Miller’s jail log. If convicted of the second-degree charge, Miller faces 30 years in prison. No bond was set Thursday evening. Miller’s jail log notes that he has a tombstone tattoo on his left arm.
Earlier:
- Paul Miller, Who Shot and Killed Dana Mulhall in Flagler Beach Wednesday, Is Set Free
- A Man Is Dead, Another in Custody in Flagler Beach Shooting Following Neighbors’ Dispute
FlagtownLocal says
So grateful that the law finally stepped in and did what was necessary. Now the kids of Flagler Ave can play free and not be in fear.
Dan Sullivan via Facebook says
What took so long???
Christina TheAstonishing Castine via Facebook says
wow..
NortonSmitty says
The first sane thing I’ve read here all day.
NortonSmitty says
Plus the Flagler Beach Police were not there for the crime. The statement that Mr. Mulhall threatened to kill the shooter and his dog had to have come from a statement by the perpetrator, Mr. Miller and should not be the statement from the police.
[The statement was reported by police, and attributed to Mulhall but only according to what Miller told police.FL]
Profiler says
Finally an arrest!! Thank you everyone who helped put the pressure on.
My next question is…..since the Florida Highway Patrol is called by the local
police to work all accidents in the city and calls the Sheriff’s Office to make
murder arrests “as stated in above article”…why do we need the Flagler Beach
Police Department? Exactly what do they do to earn our tax dollars. I already
see what the chief does NOT do. Plus he needs a class on public speaking,
it’s embarrassing reading his comments in the press.
just me says
what about a psychiatric evaluation on the old man???? Perhaps he just has dementia and needs to be on an inpatient facility and not locked up,look in his eyes people!!!!
Ben Dover says
Glad to see this guy is where he belongs , you don`t shoot an unarmed man especially when hes on his own property and there is a fence between you, people say I`ll kill you as a figure of speech when they are angry , doesn`t mean they will actually do it. seems like this nut job was itching to use his gun who carries a loaded Luger around their front yard with them anyway????
just me says
OK,AFTER READING MORE INTO THE STORY I REBUKE MY PREVIOUS STATEMENT!!!!
Craig A Williamson via Facebook says
ITS ABOUT TIME
craig says
Woo Hoo States Attorney , Flagler Beach Police Dan Cody ( Boo )
palmcoaster says
Looks like Larizza “is walking the line” given our public outcry. Was time. I firmly believe that when we citizens, get together to claim for justice, then justice may be served. If we do not stand up and do something, then nothing will be changed for the better. I am really concerned about the way law enforcement is being handled in our community up front, regarding these shootings and hit and runs.
I hear and see cars and bikers spinning wheels and speeding in our residential streets and city central parkways and no law enforcement anywhere around to stop them. We have children and adults walking our streets from school, leisure and pet walking and in our parks. Do any of our citizens see our law enforcement cruisers “patrolling” or is just me that coincidentally do not see them in Palm Coast?
Thank you Flagler Live, News Journal and Observer, for keeping us informed.
DEE WILLIAMS says
Another barking irritating dog. I too sit in my house and hear it every night. The dog should have been removed or Miller should have been charged with disturbing the peace. Obviously he was an old man did not care who he bothered.
Now it has gone too far, guns in the hands of irresponsible people, just because in Fla. you can have one. Why not??? The state of Fla is so laxed about their laws. Now look, over a dog. Flagler county wake up.. Murders… too many,now over a dog
I am very very sorry for this family. They did not deserve this. I know I would have done the same thing If I was Mr. Mulhall. And I am so sorry that they felt had to put in that he was at a bar that evening. . That was unnessary and that will brought up at trial.
And I am very disappointed in Flagler county law enforcement. They should have done a better job. That is why we depend on them. But it looks like now everyone will just get a gun and shoot whoever says something wrong. Why not…..
Watch out children there is a crazy man living on Flagler Ave.
jo jo krako says
This man had wits enough about him to go get a gun inside of his house, decide his neighbors fate, and pull the trigger 5 times, insane or not… his actions warrant punishment in the same manor he gave his VICTIM! This man is not the victim… but I can assure you that the man lying in the county morgue is the one who is, the true “victim” . May good old fashioned HONEST justice prevail ! Amen!
a friend says
I wish the paper would stop reporting that Dana came home from a bar. Dana also stopped at the Jiffy store. Why don’t they say he returned from the Jiffy at 6pm? This man worked hard in the hot sun all day and if he stopped at the bar and had two beers so be it. His trying to relax with a few beers after a hard day at work in the sun did not perpetuate this senseless murder. Folks need to check their facts with the people who last saw and spoke with Dana. Also, Mr. Miller said Dana threatened the life of him and his dogs. Really, who heard Dana say that? Mr. Miller. Now second degree murder because he felt threatened? Next, dementia and or insanity? No way.
Geezer Butler says
If you ever have a heated confrontation with a neighbor, and feel threatened–call the Sheriff’s office.
You will have an opportunity to document any issues and threats. Afterwards the deputy will speak to your neighbor. This usually calms things down. And this will help protect you legally if things escalate one day.
As a firearms owner, my policy is to defend my home (my life and my family’s) with force only for illegal or forced entry. If I see somebody in the driveway, breaking into my car, I will just dial 9-1-1.
I will not level a gun at anyone unless I’m sure that my life (or an innocent’s) is endangered.
Mr Miller abused the privilege afforded him to possess (or carry) a gun for protection.
He killed a unarmed man who was on his own property, shot him five times methodically
and purposefully.
This angry sexagenarian will no longer have to worry about Medicare, FPL, Erectile Dysfunction,
and the lines at Publix. He has himself a whole new set of worries. I hope that his tombstone tattoo
has space left over for “MARCH 15th, 2012.” -the day he killed an unarmed man, and flushed his own miserable existence down the crapper.
Rest in peace Mr. Mulhall.
Ralph Belcher says
(tounge-in-cheek) I hope the Sheriff’s K-9 Patrol kennels are not within earshot of Mr. Miller’s cell so that he may get some peace and quiet, maintaining some sanity to mull over what happened this week. Otherwise he’ll be ready for the loonie bin.
Outsider says
As someone who is familiar with the law and as I said the other day, the police are required to favor the person who LAWFULLY used deadly force in self defense. The law ties their hands. Having said that, it is quite likely the S.A. looked at some of the factors in the shooting (unarmed man, neighbors with a past history of arguments but knew each other, the victim on his own property with a fence between him and the shooter) and, rightfully, decided that the deadly force was probably not justified. The law clearly states deadly force is only justified if the perp is in the process of committing a forcible felony, such as forcible entry into a home, abduction, rape, using a weapon, etc. Complaining about a dog barking does not even remotely approach a forcible felony, and I’ve probably said myself I was going to kill a dog that wouldn’t stop barking, and didn’t literally mean it. The castle doctrine law is a good one; it did not, in my opinion, apply here based on these media reports.
John Smith says
For your information the county has to call the FHP to work there accidents also. Volusia County does the same thjing. You probably don’t want to have to WAIT on a county deputy to come from MONDEX area to settle a dispute. At least our PD was there in a matter of seconds along with the fire dept. Hell the county messed up the Fraiser case so they are NO BETTER. mistakes happen.
Bob says
I in no way defend what Paul Miller did. But the charge is second degree murder because there’s no way they would be able to get a conviction on first degree. To be guilty of first degree murder you have to have made substantial plans and preparation for the killing. This was done in the heat of an argument, which is the definition of second degree. Him going inside to get his gun and coming back out is not enough to show a concerted plan to commit murder. We wouldn’t want a Casey Anthony situation here where the guy gets off because they charged him with the wrong thing. We want this guy locked up so his temper can’t go off again just because somebody yells at him.
a friend says
How do we know he was not sitting on his front porch waiting for Dana to come home with the gun in his hand from an argument earlier in the day? Because he said so? We were not there and will never know the whole story. Only Dana and Mr. Miller know the story and one of them is not talking. It very well may have been premeditated, we will never know. It is very sad.
christa says
it was not premediated. that is absurd. there is a history of threats and reports made to authorities over threats.
Profiler says
Protocol…..FHP will work accidents in counties where there are injuries…non injuries are worked by deputies. Cities are responsible for working all accidents in their jurisdiction. FHP has five troopers on a shift covering three counties. I’ve personally seen FBPD take over 20 minutes to answer a 911 call…and they were not on other calls….a verbal dispute that was long over when they finally responded.
There are over 100 deputies working in this county, no reason they couldn’t cover the beach also.
palmcoaster says
This death was easily preventable by enforcing the continuous dog barking ordinance. I am sure that Flagler Beach has one, because the noise ordinance against restaurants and bars with loud bands or music playing is being enforced, as we all know. Have any of the surrounding neighbors ever called the city code enforcement, regarding this barking dog?. In Palm Coast a dog can’t bark or any other animal can make any other type of annoying loud noise for more than 20 consecutive minutes. What their ordinance says in Flagler Beach? If anyone called on Miller’s dog did the code enforcement department resolve the issue? Enforcing the barking dog ordinance will restrict Miller to keep his dog indoors and/or also train his dog properly. If that would have taken place Mr. Dana would still be with us. So sad!
GPIslander says
Your first sentence is correct, but there was NO EVIDENCE at all that the shooter acted in self defense, other than his words. No weapon on the victim, two shots to the victim’s back, body near his garage. Your “familiarity with the law” is, unfortunately, similar to the laughable police chief’s.
John Smith says
Well it does NOT matter to much now since he shot Dana in the back Twice and three in the front according to the latest story from live. what a coward.
John Q Neighbor says
that is not correct. Flagler PD wrote up an accident that I was in less than 6 months ago. (if a death occurs FHP has specific troopers that work those investigations)
NortonSmitty says
i finally realize after asking around I know both of these guys! The shooter is a miserable old bastard! He would come into the Dollar General often I guess, as I personally recall seeing him at least three times. And he would bitch and complain about nothing and argue prices with the checkout girls. Once I told him to just pay up and move so we could all move along. Lucky he didn’t cap me. A miserable, mean and cranky old fart in my experience..
Dana used to trim my Palm trees and do odd landscaping jobs for me the last couple of years. He always did a good job for an extremely reasonable price I thought. He always would show up with a couple of younger kids he seemed to be trying to get work for, and once or twice with women he had plant shrubs and flowers. Very respectful, honest and pleasant, not to mention hard working. I’m very sorry to say after all of our contacts, I did not even recognize his name when I read It. I will remember it now.
R.I.P. Mr. Dana Mulhall
Anita says
I can’t agree with you, Bob. The moment Miller walked into his house and got his loaded gun, he was PRIMED to kill. You get your gun, you’re planning to shoot someone/something.
He is said to have been sitting on the porch listening to Mulhall’s rant about the dog’s noise, but then got up, went into the house and came back our with the loaded weapon. That, in my mind is as much premeditation as I need and brings me to the question: what ever happened to people arguing, yelling and throwing punches if it comes to that? Why is a gun the first thing people reach for when they disagree?
I’ve said it before, and will keep repeating it, guns do not belong in the hands of EVERYONE.
Michelle MILLER says
Your children were not in danger because of Paul Miller.. May have been if exposed to the DRUNK living on Flagler ave if he was driving drunk.
Mullhal was a trouble maker and threatened to KILL Paul. He told him he had a gun and was going to shoot him!
What would you do? Walk away? Not defend yourself? You should not judge someone until you are in their shoes.
Becca says
Norton Smitty, I hope everyone reads what you wrote…
Anonymous says
And you have walked in Mr. Mulhall’s shoes when? I was Dana’s neighbor- he was not a trouble maker. We owned a dog when we lived across the street and there were several other dogs living at adjacent properties. I can’t recall there ever being trouble concerning dogs or any drunkeness from Dana. I also never was concerned for my young child as a result of Dana’s actions, behind the wheel of a vehicle or otherwise. Mr. Miller was hardly defending himself- this is proven simply by the trajectory of the bullets. The judge in this case will have not walked in another person’s shoes either.
The citizens of Flagler Beach and beyond deserve to be protected from the likes of Paul Miller.
So sad says
Where does it say Mulhall’s blood alcohol level???
victor rugg says
I knew Dana for years and I would call him a friend, just a few weeks ago he came over my house and I gave him a trimmer for his buisness. He was always a calm man who enjoyed the simple life. He was not agressive at all. I will miss him and our conversations together. What hapened is tragic. No one ever can say murder in any form is correct. DO we have to many guns maybe. If we could only be able to tell who we give them to if they are balanced . Good by Dana you where a good friend and we all will miss you
Terrence Williams says
Stop lying