Officers responded to the call around 9 a.m. where they found Miller lying on the front porch with a gunshot wound. It was later found out that Miller had an outstanding warrant for his arrest.
Douglas County attorney said,
“It appears that the homeowner’s actions may be justified”
According to omaha.com “By law, Nebraska residents are allowed to use deadly force during a home invasion if the person fears for his or her life.”
Ann Gray, who lives nearby, said she heard Rohatsch’s daughter tell police that she was in bed when the doorbell rang twice. The girl said she heard the door get kicked in, then saw a man standing outside the bathroom with something in his hand, “and my daddy shot him.”
“You have a right to defend yourself,” Gray said. “If you have to shoot, you should shoot.”
Gray and her husband, Steve, took care of the girl while police questioned her father at the police station.
Police had removed crime tape around Rohatsch’s home when he returned home Monday evening. An old grill blocked the steps leading up to the porch, where blood spatter remained at 7 p.m.
A neighbor said the family was home but didn’t want to talk.
In March, a similar incident happened in the Fort Redman neighborhood. Ronald Green, then 66, had been watching the Creighton Bluejays basketball game on TV when an intruder kicked in his front door.
The suspect, Ramon R. Matlock, 19, hit Green in the face. Green shot and killed Matlock. Kleine concluded that the shooting was justified because Green feared for his life.
Monday’s shooting comes after two recent incidents in Omaha which homeowners either shot or held intruders at gunpoint:
» Last Tuesday, a 52-year-old woman held off a would-be thief who had worked his way into her home near 70th and Farnam Streets. Packing a .45-caliber semiautomatic handgun, she told the man to stay in her bedroom closet until police arrived. A 24-year-old man was taken into custody shortly after 3 a.m.
» Aug. 26, a 73-year-old Omaha man shot an intruder in his home near 34th and Cuming Streets. The homeowner said he spotted a man entering his home through a broken front picture window. The man said he fired one round that grazed the intruder’s torso, and the injured man stepped back outside through the window and waited on the porch for police to arrive.
Miller served time in prison in Nebraska twice. In May 2013 he was released after serving about five months on two domestic assault charges. In 2002 Miller served a year and 10 months for theft by receiving stolen property.
In 2012 he was convicted of trespassing and spent a day in jail. Authorities issued a warrant for his arrest in August after he failed to appear in court for a hearing on misdemeanor charges of fictitious plates, lack of car insurance and no proof of car ownership.
It was a good thing this father took such quick action, or he and his daughter may not have been alive.