Richard Sching of the Texas Rangers said Wednesday that within 30 days he could appear before a Kaufman County grand jury to present testimony and evidence to determine whether deadly force against Jerry Miller on Friday was justified.__"We don't like these things to linger too long, not just for the victims' family but for the officers as well," said Sching, lead investigator. "Under the law enforcement section of the deadly force statute, we have to meet those elements. We [Texas Rangers] will be presenting that evidence and letting the Kaufman County grand jury decide whether or not the deputy met those elements and his use of deadly force was justified."__Miller, 46, was shot and killed in his home in the 5000 block of Cheryl Lane by a Kaufman County sheriff's deputy, who has been put on administrative leave pending the investigation.__According to a Kaufman County Sheriff's Office press release issued late Friday, Miller, who was shot possibly twice in the abdomen, brandished and threatened the responding deputy with what appeared to be a handgun that indicators point to not being real.__The weapon, Sching said, was a CO2 pistol made by Crosman and it was a replica of a Walther PPK.
"That [a Walther] is a high-quality, German-made gun. When it's pointed at you, as a police officer, you don't get the time to determine whether it's a fake gun or an unloaded or loaded real gun," Sching said. "When a gun is pointed at you, you just respond as your training has dictated. That's what he [the deputy] did. As soon as the suspect jumped up and pointed this pistol at him, of course, he [the deputy] drew his [gun] and defended himself as he's trained to do. Only later did we determine that it was a CO2 pistol. Who would know? It [the incident] is sad and very tragic."__Sching said the investigation is in the early stages and he is in the process of taking statements and conducting ballistics and firearms testing, among other things.__"This guy [Miller] is quite a large man, 6 feet 4 inches tall and weighs 350 pounds," Sching said. "In the past, when he's had these seizures, I've been told by deputies and people, and it's been documented in calls, that when he comes out of these seizures he's very violent and lashes out at the people who are trying to help him. I don't think he could control that but they [medical and law enforcement personnel] knew going there that they might encounter him being in a hostile or combative form."__Prior to the shooting, Sching said, Miller's wife called 911 when he started threatening to harm himself and his family.__According to David Leewright, a family friend, Miller, who had seizures on a regular basis, had received treatment for them the night before and had been given new medication, which he said could have played a role in the shooting.
There are also a number of reports for calls for assistance on file at the KCSO, Sching said, that date back several years involving conflicts between Miller and his neighbors.__Sching said sometimes Miller would call about neighbors and sometimes neighbors called about him. He also said there have times when miller shot animals in his yard.__"He's had ongoing conflicts with neighbors over property lines, animals and things like that," Sching said. "Whether or not that was part of his illness, I'm not a professional to give that type of a determination."__It has also been documented for the last two years, Sching said, that EMS and fire personnel had responded to Miller's house because of his medical condition.__Also, according to Sching, Miller's driving privileges had been suspended since 2001 because of the seizures.__"I think the deputy was there for 30 seconds, according to videotape, and he was confronted with this weapon," Sching said. "The deputy walked in and was met by the wife, who gave him an idea that [Miller] had been to the hospital and had been heavily medicated. He [the deputy] walked into the bedroom [where Miller was] and identified himself and boom, the gun was stuck in his face. It was that quick and he [the deputy] had to react."