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James Miller, 52, allegedly fired at least one round of gunfire into the bottom of his brother’s canoe, police said.
An Attleboro police detective faces several criminal charges after he allegedly fired a gun into the bottom of a canoe that his friend and brother were aboard.
James Miller, 52, is charged with two counts of felony assault with a dangerous weapon, discharging a firearm within 500 feet of a building, carrying a firearm while intoxicated, disorderly conduct, and disturbing the peace, court records show.
Miller was supposed to be arraigned in the Attleboro District Court on Tuesday, but both parties requested the hearing be postponed. As of Tuesday evening, no future court date has been scheduled, court records show.
The defendent’s lawyer, Joseph P. Cataldo said the charges “are overblown and distorted,” Cataldo said in an emailed statement to Boston.com
“There most certainly was no assault,” Cataldo said.
Cataldo added he is “confident in time and with proper attention to his matter the court will see it for what it is, a non-criminal event.”
In a 36-page court filing, North Attleborough police wrote that they were notified around 3 p.m. last Thursday of a “male in crisis.”
“Almost immediately after the dispatch, I was contacted by Lieutenant Robert Miller of the Attleboro Police Department,” one officer wrote in the report. “Lt. Miller stated to me that the subject in crisis was his brother, Attleboro Police Detective James Miller,” police said.
Robert Miller told police that his brother was in a kayak on Falls Pond and had a loaded gun, police wrote.
“After reaching shore, they lost sight of James believing that he had paddled his kayak toward the Reservoir St bridge,” police wrote. “Robert was insistent to me on slowing the incident down and rebuffed suggestions that the State Police and/or North Attleboro Fire Department be contacted for the use of a drone to assist in locating James,” the report said.
According to police, Robert Miller was concerned first responders could “box [James Miller] in” and cause him to harm himself, an officer wrote.
After officers arrived at the scene, they spoke to John Butler, a friend of James Miller, who told them that he and Robert Miller geolocated James Miller after not being able to contact him, police said.
“John stated him and Robert went down to the lake and they found him floating close to shore, with his legs kicked up and his hands behind his head,” an officer wrote.
Butler and Robert Miller tried talking to the defendant, but James Miller told the men to leave him alone and paddled further onto the lake, police wrote.
The two men got into a kayak of their own and paddled towards James Miller, police wrote.
“John stated he grabbed a hold of James’ kayak and was trying to talk to him. John stated James, again, repeatedly said to leave him alone and to stay away from him,” police said.
James Miller then allegedly took out a 38-caliber style revolver and shot at least one round into the bottom of the other men’s boat, police said.
“John did state again that James did not threaten or point the gun at him and that he just wanted to be left alone. John stated he knew James was not okay and that he had never seen him like this before,” an officer wrote.
Butler and Robert Miller returned safely to shore before police were called, police said.
North Attleborough police later found James Miller in a kayak headed towards the east side of the pond near Buttonwood Circle and Metters Street, police said.
James Miller was arrested, and police confiscated his revolver. Five empty nips bottles and an empty White Claw were allegedly found in his canoe, police said.
James Miller was transported to Sturdy Memorial Hospital and was placed under a psychiatric hold, police said.
Earlier in the morning, James Miller texted passcode information for his cellphone and safe lockbox to Butler, police wrote.
When Butler texted back saying he was confused, James Miller responded “Don’t be your going to need it. No one has,” an officer wrote.
One of the last texts James Miller sent to Butler was “Love you dude,” before the conversation ended, the report said.
Miller is described as a decorated Army combat veteran who is currently undergoing a divorce, a statement of facts from North Attleborough police filed in court said.
The Police Officer Standards and Training Commission, the state’s law enforcement watchdog agency, suspended James Miller’s law enforcement license on Tuesday, as indicated by a suspension order published on POST’s website.
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