Father Complains Prosecutors Won't Charge in Assault

5 years 3 months 2 weeks ago September 29, 2011 Sep 29, 2011 Thursday, September 29 2011 Thursday, September 29, 2011 2:02:00 PM CDT in News
By: James Jobes
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IBERIA - An alleged assault that happened in Miller County in April remained a troubling matter to a Boone County man Thursday. David Miller is the father of Zach Miller, who works doing repossessions.  The younger Miller claims to have been beaten with a baseball bat by a man during an attempted repossession of a black pickup truck in Iberia. David Miller said his son filed a report shortly after the assault and received medical attention a few hours after the encounter, but charges still have not been filed by the Miller County prosecuting attorney. David Miller said has been in contact with the Miller County prosecutor's office since then, and claims people there are ignoring him.

Zach Miller said it was dusk at the time he pulled up to the debtors residence in a company towing car. Miller was tasked with seizing a black pickup truck from the alleged assailant. A black truck was at the residence at the time, but there was a discrepancy with the VIN number on the vehicle. Miller said he was assaulted after knocking on the door of the debtor. Miller said the man said that he was going to kill Miller, and struck Miller three times in the back of the head with a baseball bat. Miller said the assailant also hit him on the arm and shoulder, so hard that medical professionals initially suspected that Miller had a broken arm and collarbone. As Miller fled the scene, he said the assailant broke the driver-side window and knocked off the driver-side mirror. He said then fled to the Casey's General Store in Iberia and waited for Miller County Sheriff's deputies to arrive.

Zach Miller questions the response from the deputies who originally filed the report. Miller said a second member of the Miller County Sheriff's Office arrived on scene and told him if he saw Miller attempting to make a repossession on his property that he would have shot and killed him.

Nationwide, repossession workers are legally allowed to enter a debtor's property and seize the property on which the debtor has defaulted. Miller said he was within his legal rights to be on the assailant's property at the time of the assault.

David Miller said he has been trying to talk to both the Miller County sheriff and the county prosecutor since the attack occurred. He also said he believes the agencies have been dodging his phone calls.

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