Charges dismissed for landlord accused of shooting, killing tena - KPTV - FOX 12

Charges dismissed for landlord accused of shooting, killing tenant in Milwaukie area

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Gerald Miller (Source: KPTV) Gerald Miller (Source: KPTV)

The charges have been dismissed against a landlord accused of murder for the shooting death of his tenant in the Milwaukie area.

A grand jury returned a "not true bill," electing not to charge 66-year-old Gerald Miller with any crimes, according to Clackamas County District Attorney John Foote.

Miller called 911 to report he shot 53-year-old Ricky McKowen the morning of Aug. 7 on the 13000 block of Southeast Oatfield Road. Miller was taken into custody and subsequently arrested on charges of murder and unlawful use of a weapon.

In a jailhouse interview with FOX 12 last week, Miller said McKowen hadn't paid rent in over a year and was ordered by a judge to move out. Miller had rented a room to McKowen for three years.

Miller said he woke up to McKowen pounding on his door, threatening to kill Miller and Miller's daughter. Miller admitted shooting McKowen four times in the torso, saying, "I defended myself."

“It was kind of like I had tunnel vision,” Miller told FOX 12. “I was just trying to stop him from killing me.”

Miller admitted that he did not inform McKowen that he had a gun as the confrontation unfolded.

Miller said McKowen had threatened him and pulled a knife on him in the past.

The grand jury heard testimony from seven witnesses, including Miller's daughter and a woman who was in the home when the shooting occurred, before delivering its not true bill ruling to dismiss the charges. Miller's recorded interview claiming the shooting was in self defense was also presented to the grand jury. 

Fox 12 caught up with Miller after he was released on Monday. He said he's happy to go home and eat a good meal.

"When I went into the preliminary today I said I have no chance of getting out of here, and they say you're being released. I said 'What! Yoohoo!'" Why shouldn't I be out if it was self-defense? If someone was trying to kill me, I acted and if it wasn't for that, I would be in an obituary right now."

Under Oregon law, the case can only be resubmitted to the grand jury if new evidence is uncovered and with the court's permission, according to the Clackamas County District Attorney's Office. 

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