Cops Tase man twice as he curses them out, refuses to cooperate

March 19, 2014 

James Miller is being held with no bond allowed.

SHERIFF'S OFFICE

An amputee who uses a wheelchair learned early Monday morning that resisting police officers while repeatedly cursing them out can get you Tased -- twice.

James Miller, 58, whom jail records say lives on the streets of Key West, was arrested about 2:25 a.m. at the Circle K store at the entrance to Key Colony Beach in the Middle Keys. He's being held without bond on two felony charges each of battery on a law officer, assault on a law officer and resisting arrest with violence; and one felony count of smuggling contraband into jail.

Key Colony police officer Colleen Gonzalez wrote in her arrest report that she came upon Miller sleeping next to the convenience store near the parking lot. She approached him and could see only his baseball cap because he was wrapped in a blanket. She asked to see his hands, to which he responded with an expletive.

She continued questioning him but Miller refused to cooperate. When asked his name, Gonzalez wrote, he replied he "could be anyone he wanted to be." Meanwhile, Gonzalez had called the Sheriff's Office for backup.

Miller reportedly "began to pull himself to a seated position to attach his prosthetic right leg while continuing to make verbal threats to come back and hunt me down like a ... dog." Gonzalez told him to show his hands and to quit trying to attach the leg, but he wouldn't listen, the officer wrote.

Deputy Danielle Malone arrived and tried to steady Miller's wheelchair as he tried to ease into it -- but then he poked Malone in the eye with his arms "flailing." He also scratched Malone's face and grabbed Gonzalez's wrist, leaving a small bruise.

Malone got away from Miller, and Gonzalez Tased him in his upper torso and stomach. He tried pulling out the prongs and getting away, but Malone Tased him again. He fell and was handcuffed, and taken to jail.

The arrest report doesn't say what contraband he tried to smuggle into jail.

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