A dad in Florida didn’t react well when his underage daughter came into his bedroom and told dear old dad that their drunk housemate had slipped into bed with her – sans his clothes.  A very angry father got up and confronted the housemate and one thing led to another and shots were fired through a door into a room where the house-mate was barricaded inside.

A person must face imminent death or great bodily injury at the hands of an attacker to use deadly force in most jurisdictions. However this particular Florida dad couldn’t think clearly after what his teen daughter told him.  

When police arrived shortly thereafter, they took dad into custody. Why? Well, dad might have been justified in shooting the naked man while the potential perv was in bed with his teenage daughter, but when the girl left the bedroom, she was no longer in jeopardy of sexual assault.

Having said all that, it remains to be seen whether the prosecutor will be able to find a jury of twelve people without at least one who says “not guilty” given the circumstances. Then again, this may simply get tossed on the ever-growing pile of “Florida Man” stories for those who don’t believe in the right of self-defense.

The Cape Coral Police Department released this . . .

On March 8, 2023, at approximately 12:32 a.m., officers from the Cape Coral Police Department responded to a call for service at 1041 SW 1st Street, Cape Coral, Lee County, Florida, in reference to a shooting.

The call notes stated a male, later identified as Dayne Victor Miller (W/M 2-12-1979, 1041 SW 1st Street), shot at two individuals inside his home through a bedroom door. Mr. Miller called dispatch and said that one of his roommates was naked in his teenage daughter’s bedroom, which sparked him to shoot at both roommates through a closed bedroom door.

Officers arrived at the scene and extracted both roommates from their bedrooms. They learned that these victims rented a bedroom from Mr. Miller. Officers were informed that Mr. Miller and both victims were drinking heavily earlier in the night. Without further incident, Mr. Miller cooperated with officers, exited the residence, and was quickly detained. Officers saw shell casings and bullet holes through the bedroom door of the victims.

The victim acknowledged drinking in excess earlier in the night and stated that they got up to use the restroom, and mistakenly went into the bedroom of the teenage female who lives at that location, who was asleep in bed. The victim got beside the teenager and fell asleep. Once the teenager realized a naked male was sleeping next to her, she went to Mr. Miller to let him know what had transpired; she did not allege a crime had occurred against her.

The victim’s spouse woke up the victim and shouted that the room the victim was in was not their shared room. Once they returned to their room, Mr. Miller approached their bedroom and began pounding on the door shouting, “I’ll kill you,” after the door was shut and locked on him. That is when Mr. Miller shot his handgun 3-4 times into the floor outside the bedroom door in a rage.

Mr. Miller was subsequently transported to Lee County Jail.

Mr. Miller was charged with the following:

*Aggravated Assault with a Deadly Weapon F.S.S. 784.021(1)(a), [ 2 Counts].

*Shooting into an Occupied Dwelling F.S.S. 790.19

The New York Post has the story . . .

According to the official report, Miller told dispatchers that he fired at the pair after learning one of them was naked in his teenage daughter’s room.

The victim in question later told police that they accidentally got into bed in Miller’s daughter’s room after drinking excessively. 

The other roommate, their spouse, allegedly shouted that they were in the wrong room after Miller’s daughter alerted her father that there was a naked man in her room. 

Only in Florida? You make the call.

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