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.

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