Dad Shoots at Roommate Found in Daughter’s Bed

In an incident that happened last week, a man shot at two roommates inside his Cape Coral, Florida home. That man faces 3 felony charges. Here is what happened.

Photo Cape Coral Police

Cape Coral Police: Dayne Miller

Late Night Shooting—

According to Cape Coral Police, around 12:30 AM, they responded to a call from the homeowner at 1041 SW 1st Street. When they arrived, they safely removed the two roommates from the home without incident. They found shell casings on the floor outside a bedroom, and bullet holes in the door.

Police then spoke with the homeowner called Dayne Miller.

Miller admitted he shot at the two roommates through a closed bedroom door, after his teenage daughter told him she woke up to one of them laying next to her in bed, naked. The teenage daughter did not accuse the roommate of any criminal act.

According to police, all parties stated that Miller and the two roommates, a husband and wife who rent a room from Miller, were drinking alcohol “in excess”.

One roommate told police that while intoxicated, and after using the bathroom, he mistakenly went into Miller’s teenage daughter’s room and laid down in the bed, and fell asleep.

Police say that the spouse of the confused and inebriated roommate heard Miller’s daughter telling him about the naked man in her bed. The wife woke her husband and brought him into the couple’s room. That is when Miller demanded they open the door and let him in.

Police say that when the couple wouldn’t open the door, Miller threatened to kill them, and shot 3 or 4 times through the bedroom door.

Miller Facing 3 Felony Charges—

Police arrested Miller and charged him with two counts of F.S.S. 784.021(1)(a) Aggravated Assault With a Deadly Weapon, and one count of F.S.S. 790.19 Shooting into an Occupied Dwelling.

Almost without exception, anytime someone uses deadly force, the person must have a reasonable belief that the threat presents an eminent threat of death or serious bodily injury. Here, even if Miller knew the roommate assaulted his daughter—something the daughter never claimed—he could no longer use deadly force against the roommate once he was away from the daughter, in his room behind a locked door.

I think it would horrify and anger any parent to learn a naked man was in bed with their teenage daughter. But this doesn’t mean the parent can legally attempt to or actually kill the person at a later time.

My Thoughts—

Alcohol certainly played a role in this incident. We don’t know if either man would have done what they did, had they not been drinking alcohol? The roommate is not without blame. No one would likely blame Miller had he pummeled the roommate. But shooting through a bedroom door at two people is crossing a line. Miller would have done far better in protecting his daughter if he would have remained sober, and vetted the people he rents to a little better.

Just because Police arrested Miller, doesn’t mean a prosecutor will file charges against him. Do you think the prosecutor should file charges? Will Miller plead out to lesser charges? What do you think? Leave your comment below.


  1. Ashlee on March 19, 2023 at 9:13 pm

    I think Miller should be fined and not allowed to own guns for at least 5 years and he should be in a program to wean him off drinking. After completing the program an anger management program should then be started. I do not feel jail time is the answer but going into programs and not allowed guns is the way to go here.

  2. Justin C. on March 19, 2023 at 9:24 pm

    Super tough call on this one. As a father of 4 (3 girls and 1 boy), I can see how rage would take over. When I read the headline and even as I started reading the article, I was 100% on the fathers side, thinking the roommate was still in the daughters bed.

    But then, as the article continued, and I found out that the roommate had already returned to his room and was locked in, I immediately thought, “I’m drafting up the 30-day eviction notice immediately and sliding it under the door, then having a SERIOUS come to Jesus talk with him next time I see him.”

    Also, alcohol and firearms don’t mix. Definitely could have made some better choices for sure.

    I’m hoping cooler heads prevail and everyone involved, including the prosecutor sees this for what it was and shows some leniency here. He definitely deserves to be punished, but not to the extent of the original charges.

    • Larry D Price on March 20, 2023 at 1:09 am

      I agree wholeheartedly. You have thought this through and made logical reasoning. Both men should face some heavy scolding from a judge. But all the crap from some other commentors about not letting him have a gun for 5 years is stupid. Alcohol and firearms never mix, as seen in many movies for example. I hope cooler heads prevail also, as it was just a dumb mistake. If Miller’s daughter is old enough to understand about drunks, she should have just gotten the guys wife to remove him. That would have saved all the ruckus.

    • Ed Taylor on March 21, 2023 at 4:54 pm

      Arrest him. Let the court decide his guilt. Maybe he will learn something if he spends some money and time with his lawyer.

  3. William on March 19, 2023 at 9:48 pm

    Based on the material presented, most certainly charges should be filed. 1, DO NOT blindly shoot through any obsticale without having a clear shot path. Without a clear sight path to clearly define whom is the offender, DO NOT PULL DER TRIGGER! Gain entry and assess the tactile situation, shoot only based on “fact” not emotion.

    • William on March 20, 2023 at 3:30 am

      Miller should not have a firearm and shooting through a a locked door when in a non-threatening situation. He was wrong in the first place having roomates who are non- family members consuming alcohol in his home with a teenage daughter..

  4. Harvey Jones on March 19, 2023 at 9:49 pm

    Very reckless to shoot through a door. The use of deadly force must be precise and deli b erase to eliminate an immenent threat when your life or someone else’s lift is in danger.

    Too many armed citizens are without any formal firearms safety training or firearms handling or procedures with respect to when to deploy and use deadly force.

    The laws regarding 2nd amendment rights must be changed to include the requirement for mandatory training.

  5. JDM on March 19, 2023 at 11:35 pm

    As the father of two daughters I would be incensed at the roommate for climbing in bed with my daughter whether by mistake or otherwise.
    The shooter showed he is too wreckless in his decision making and not only should be prosecuted to one extent or another but also have his gun rights taken from him.
    You can’t fix stupid and stupidity and gun ownership aren’t compatible.

  6. Charlie on March 19, 2023 at 11:53 pm

    You open the door to change 2nd amendment rights as Harvey suggests say amen to the 2nd Amendment.
    Miller must be held accountable for firing blindly through a locked door. By failing to remain clam and control the situation he is now at the mercy of the Justice system. Whatever Justice demands Miller must pay that debt.

  7. T Franks on March 20, 2023 at 7:19 am

    Didn’t the President guide Americans to do just that ( he really did ) ? Smarter move would’ve been wait till am and kick their butts out !

  8. Dan Keele on March 20, 2023 at 8:44 am

    The Second Amendment should have no preconditions, but our inalienable right isn’t one to commit obviously violent and unjustifiable criminal acts. Shooting through an obstacle isn’t wrong, per se, but endangering people by reckless discharge is. These circumstances don’t justify deadly force.

  9. Kevin on March 20, 2023 at 11:33 am

    As the father of 3 daughters I understand to protective rage. However, not to this degree as there was no threat. If the roommate was assaulting the teenager at the time ….

    He not only shot at the one roommate but also an innocent party, the wife.

  10. Ernie on March 22, 2023 at 11:42 am

    Blindly firing a weapon through a door, is never an acceptable use of a firearm. There is no circumstance to warrant such behavior.

    This incident plays right into the anti-2A narrative. Luckily, nobody was injured or killed.

    At the bare minimum, he should be required to face those charges, in court. If even one of the three felony charges sticks, he loses his 2A rights, according to current law.

    • Dayne millwr on October 18, 2023 at 9:41 am

      The problem with the whole story is that no one asked Miller(me) any questions. They assume I was drinking with the low life roommates. I went to bed sober because the dude was threatening me saying they had residency because they had been there two weeks. And they weren’t leaving and we’re not scared of my firearms. He would take one and use it on me if it came down to it. Instead of arguing with a drunk man I went to bed armed. I never expected Jenna to wake me crying saying dude was naked in her bed. I knew where the furniture was . I shot into the door frame and carpet. Any danger would have been a ricochet or a fragment of 2×4.
      After I sho.t I retreated to living room with firearm pointed at they’re direction. Dude came out aggressively saying I better kill him… I felt threatened and would have smoked his ass. Except for I had a malfunction . A stove pipe.. a round stuck halfway in the ejection port. Before he noticed I was defenceless. I retreated to my room to reassess the situation. I locked up the fire arm and called 911. Letting them know I was unarmed and ready to come out without a fight… I had my daughter and we came out hands up . In full felony stop style.. walked backwards , kneeled down crossed my legs. And gave up..
      I kept my mouth shut till I had a lawyer to speak for me. No one asked if I was drinking or not… They assumed we drank together. Wrong!! I wanted them out of my house. I had called police earlier asking how I could get them out peacefully. And I was looking at having to evict them. I should have put their belongings on the porch and locked the doors before they came home. But after the record of my phone call to police. I was screwed. So ya… I was completely sober . Just worried shitless on the drama ahead of me. Getting these squatters out.
      They worked for me. I hired them to do labor work after Ian. They were living in a mini van.. I was doing the nice thing and letting them get off the street while they were drinking. I didn’t want em getting arrested for DUI. My kindness bit me in the ass and costed me a ton of money. 30 days in jail. I lost my kid. She went to Naples to live with her mother. I did not like any of the outcome. If I would have just blasted him in the face as soon as he got aggressive. It would have been less time in jail except I would have to deal with a histerical wife. Pointing all the blame at me… Not telling the side of them threatening me saying my daughter was being raised wrong and should not have a black boyfriend. He called her very bad names and it hurt . They knew how to get me riled up and it was working. They had squatted before I guarantee it.. they worked in unisesen with the story telling. Switching characters. From nice country folk to scary hillbilly freaks. .
      I thank God for directing me as best he could. I only was armed cause or the drunk treats the night before.
      My anger got the best of me when I saw Jenna balling uncontrollably. That made my sight turn red. . It was out of hand before I could think twice. But I showed restraint. I could have tapped racked and reloaded and blasted him in my living room. But I didn’t want a red wall to remind me of every day. So much goes through your mind so quick. You don’t dare try to talk your way out of trouble tho. The cops are building a case against me. Not trying to find out if he deserves it or not.. ok.. thanks for listening.. cheers and peace to all. Let’s band together as neighbors and decide what were going to do if we get invaded. Marshall law is not far along if you think about it… The movie siege with Bruce Willis is pretty close to home with today’s drama in the world.. if you are a cop. Just remember your oath to the flag and to us the people.. not to the government or a certain party. Arrest the Biden crime family and let our real president talk some peace into all these leaders. If we cut all funding . No one will fight. They couldn’t afford to.. let them buy they’re own bullets to kill with.. all those billions could fund the homeland and the war on fentanyl. The war on our children and the division of our people. We need each other no matter what color or belief.. no matter if I like Ford and you like Chevy. We will still bbq together.. but if I like trump and you like the Biden crime family. We aren’t gonna eat well together. It’s dividing my own family apart. It’s sickening. One love and Bob Marley’s music can settle a block of angry hillbillies vs rednecks and remind us that budlight is nasty and ar15’s are
      useful . A little training and the optics of a rifle is enough to keep the neighbors off my lawn.. lol. Good ol boy in grand Torino. Developed feelings for people he wanted to use as sand bags a week before. Good people can see good people.. money aside. Status is crap. Hair color is crap.. flag choice is crap.. bbq with fellow neighbors is key.. just don’t step on my toes at the gas pump. Don’t judge my family based on car price. Or music I listen to. My bass might annoy some and your circus beats and trumpets may annoy me. But we all agree COVID is china weapon fentanyl is china weapon. Immigration is a weapon toward our Republic. Wake up and vote for the guy who wants to keep speech a god given right. And no one can silence us. Not even Hillary big lie Clinton and Oprah Winfrey . She is stealing land from Islanders and. Rubbing it in their faces. Why is hawaii not on the news anymore. Where are all the children? Why were the streets blocked and water shut off. Why were so many mistakes made? Why is fema giving Islanders 700 $ for their land . No fucking way. They can’t have the island. The people need their land and enough to rebuild.. not rebuild gaza or Ukraine or Russia.. homeland first. Fire all war mongers and actors in the gov. Fire all the ambulance chasers and trump haters. Rewind tapes to 1990 when trump was everyone’s loan guy when banks would not fund them. Trump would help. I support trump. ..and you should too.. good night. I’m done again.. hahahah

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