Video: Texas Man Shot, Killed; Neighbors Re-Arrested with Higher Bond

Warning: Video footage is disturbing

A higher bond was set for a father and son who were re-arrested in connection with a shooting of a Texas man over trash in an alley, which was captured on video in a now-viral incident.

The Millers were released from jail last week after posting $25,000 bail, but according to local reports, they were re-arrested and their bail was increased tenfold.

John Miller, 67, and Michael Miller, 37, were re-arrested on Sept. 21, and a new bond for the Millers is $250,000 each, according to the Abilene Reporter News. The new bond announcement was “to address the (Abilene Police) Department and public’s concern,” Police Chief Stan Standridge said.

The Abilene Police Department said in a statement that officers responded to the scene after multiple 911 calls and found Aaron Howard, 37, shot twice. He was pronounced dead after he was discovered.

“Several days ago, we believe, the deceased and the Millers began arguing over trash in the alleyway. This then triggered a back-and-forth between the neighbors, culminating in today’s violence,” the department wrote in a statement of the Sept. 1 incident.

Police said John Miller went outside on that day to throw away trash, and he was armed when doing so. He then got into a dispute with Howard. Miller’s son then went into the house and grabbed a shotgun.

“Ultimately, the deceased was shot and killed. Early investigation indicates both John and Michael Miller shot the deceased, with a handgun and shotgun respectively,” police said.

Howard’s wife, Kara Box, recorded the video via her cellphone. “The old man fired past my face and shot Aaron in the chest twice with the pistol,” she told KTXS. “His son fired with a shotgun and I guess it was a scattershot because it took his eye, the top of his head, his ear.”

John Miller (L), and his son, Michael Miller, were arrested and charged with murdering Aaron Howard in Abilene, Texas, on Sept. 1, 2018. (Abilene Police Department)

Standridge then released a statement on the matter, elaborating on what he thinks was the motive. He also noted that Howard had a bat in his bad.

“Detective Jordan Brown reviewed this video. He believes it is apparent from the video, combined with the interviews of the Millers, that they were tired of their neighbor, Aaron Howard, acting out and yelling and threatening them verbally. They brought out firearms during this argument and both Millers stood in the alley as Aaron Howard got more and more upset. As soon as he raised the bat while approximately 7 or more feet away from John, John shot him,” Standridge said, according to the Abilene Reporter News.

He said that Box released the cell phone video to media outlets, adding that it wasn’t the police department’s decision.

Texas Gun Laws

Texas has among the most gun-friendly laws in the United States, including open-carry of shotguns and rifles. It requires a permit to do so.

Texas, meanwhile, has a number of self-defense laws, including a “duty to retreat” law, which means that “individual had to show that a reasonable person could not have avoided the violent encounter by moving to a safe place and therefore had no other option but to defend him- or herself violently,” Houston Public Media reported.

In 1995, Texas added its “castle doctrine,” which says an individual didn’t have to run if they were defending their home or property. In 2007, a “Stand Your Ground” measure was added, saying that “individuals didn’t need to retreat at all, instead needing only to prove they had a legal right to be present during the act of defense,” according to Houston Public Media.

The defendant would have to prove self-defense in the case, according to the report.

Law firm Broden & Mickelsen says: “You have the right to defend yourself, but you can’t use unreasonable or excessive force. To use an obvious example, if someone comes at you with a feather, you can’t pull out a knife. In that case, it’s pretty obvious that you’re not going to get hurt. ”

However, it’s not so clear when it comes to certain weapons. “For example, what if someone attacks you with a glass beer bottle? The broken edge of glass can do serious damage,” the firm says.