20070628

Bradenton man arrested for pointing finger

BRADENTON, FL -

A Bradenton man is facing assault charges after police say he pointed his finger and yelled at an off-duty sheriff’s deputy

Two things ray miller says you should know about him. One, he hates Muscovy Ducks.

“Our parking garage is littered with their feces. It’s like little bombs through there,” and two, he's a law-abiding citizen.

He has no criminal record at least until now.

Miller says it started when he and his wife saw someone feeding the ducks. They asked the woman to stop, but she ignored them. When she finally replied, miller says she told him "I’m a police officer, I can do what I want.”

The woman was Manatee County Sheriff's Deputy Kym Bennett. Bennett and Miller argued for a few minutes about the ducks, and about whether deputy Bennett was trespassing on the property since she didn't live in the condos there.

Miller says his wife decided to call the Bradenton Police department to ask them for a legal opinion on what they could do about the situation. But when police arrived, miller was in for a surprise.

deputy Bennett told police that miller had been aggressive, and had pointed his finger at her. Bennet pressed assault charges. Miller was arrested and taken to jail.

ABC 7 spoke with an attorney about this case. Mark Lipinski told us "I've never seen a case like this, don't know anybody who's seen a case like this. I've asked all the attorneys in the area, they've never heard of anything like this."

Lipinski says he understands why miller is crying foul. He says, "next time you want to shake your finger at somebody, you better think twice."

Miller thinks the whole thing is absurd. He will be arraigned in May 29th.

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