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POMPANO BEACH — Former Broward Sheriff’s Deputy Willard Miller was cleared Thursday of a child-abuse charge stemming from the rough takedown of a troubled 15-year-old female student, finding that his use of force was acceptable under the circumstances.
The decision came after less than an hour of deliberation Thursday, the third day of a trial during which jurors heard from Miller, 39, a former school resource officer at the Cross Creek School in Pompano Beach, and the student, now 18, a behaviorally troubled young woman who admitted touching Miller against his will and hurling expletives at him, which set off the confrontation.
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Both sides agree on what put Miller and the girl in the same room. The girl, whose name is being withheld because of her mental health condition and her age at the time of the incident, was found on campus with a vape pen on Sept. 25, 2019. Cross Creek is a school for students with behavioral issues, and Miller said he was concerned that the vape pen could have been used for illegal drugs.
Surveillance video of the incident shows the girl reaching her leg out and touching the back of Miller’s leg while he was facing another direction. The girl refused to call it a “kick,” insisting that she just tapped him. Miller said it was unexpected and strong enough to cause his leg to buckle, but conceded he was not hurt.
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Still, he said, he was concerned the girl did not realize she committed a legal battery on a law enforcement officer. When he tried to explain it to her, he said, the girl cursed at him and threatened to take his gun. A minute after the “kick,” Miller is seen on the video grabbing the girl and forcefully bringing her to the floor.
“Would you acknowledge that she landed harder than you intended?” asked defense lawyer Jeremy Kroll.
“Yes,” Miller replied.
One reason the girl landed harder than expected, Miller explained, was that her foot got entangled with a chair and cause him to lose his balance as he was lowering her to the floor.
The girl’s presence in front of the jury Tuesday stood in stark contrast to Miller’s a day later. Where Miller was poised and confident, the girl seemed distrustful, shrinking in her chair, covering her face with her brown hair and occasionally appearing to misunderstand the questions she was being asked. Her courtroom demeanor was a reflection of why she was enrolled at Cross Creek in the first place, her mother later explained to jurors.
Prosecutors Justin McCormack and Lindsay Carrier told jurors it didn’t matter how hard Miller intended to body slam the girl — the threat she posed had passed and his action was retaliatory.
Kroll argued Miller’s actions were disciplinary and restrained — he did not arrest the girl because he wanted to avoid making it worse for her. A short time later, Miller said, the girl apologized.
But by then the situation was unfixable. When the Broward Sheriff’s Office received the surveillance video, Miller was immediately reassigned. He was permanently fired last August.
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If Miller had been found guilty, Broward Circuit Judge Daniel Casey could have sentenced him to a maximum of five years in prison.
Rafael Olmeda my be reached at rolmeda@sunsentinel.com. Call or text him at 954-356-4457. Follow him on Twitter @rolmeda.