Eagle with Stars and Stripes
Continuously serving Kosciusko County since 1854

Charges Filed Against Man Shot By Cop

Posted

Additional charges have been filed against the Warsaw man who was shot in the arm by a police officer during a confrontation Wednesday.

Court documents filed Monday list the charges against Kyle Lee Miller, 31, of 1832 Cambridge Drive, Warsaw, as attempting residential entry, a level 6 felony; battery on a law enforcement officer, a level 6 felony; and two counts of resisting law enforcement, Class A misdemeanors.

He was booked into the Kosciusko County Jail Wednesday night for resisting law enforcement.

His bond was set at $15,000 surety and $250 cash.

On Wednesday, Warsaw Police officer Daniel Clemens responded to a report of an unwanted person at a Warsaw address. The female caller said a person she did not know was attempting to enter her home and she provided a description of him.

Clemens found the man on Lake Street and attempted to speak with him, who was later identified as Miller.

Miller fled from Clemens and refused to obey police commands, according to court documents. Miller grabbed the door handle of a silver car that was passing by as if attempting to get into it.





He then took an “aggressive attitude” and came toward Clemens, who used his Taser on Miller. The stun gun didn’t appear to have any effect on Miller except to aggravate him more.

Miller then charged Clemens, hitting Clemens with his body. Clemens fired his gun several times at Miller, striking him once in the upper arm.

During the altercation, Miller jumped into the back of a passing pickup truck where he was subdued and arrested.

Witnesses at the scene told Indiana State Police Det. Chad Sherwood that during the altercation they saw Miller reach for Clemens’ duty belt.

The woman who reported Miller at her home told ISP officers she was in her home when Miller attempted to gain entry into the residence. She confronted Miller and he said he wanted a drink of water. She told him to get the water from the garden hose. He drank from the water hose, but then went to the front door and was told to leave. Miller then went to the side door and attempted to enter that door.

Miller told Sherwood he attempted to open the front door of the residence and drank water from the hose. He also admitted to fighting with Clemens, according to court documents. He also admitted to consuming a case of beer and using methamphetamine and marijuana earlier in the day.

Miller was taken to Kosciusko Community Hospital for treatment of his injuries. At the hospital, officers began to change handcuffs and Miller resisted and attempted to get the handcuffs under his feet and to his front. Officers were able to restrain Miller and gain control.

Clemens was not injured in the confrontation. He has been with the department since December. Clemens is currently on paid administrative leave per the policy of the c, according to a news release issued Thursday.

ISP was asked to investigate the officer-involved shooting.