Retired Police Officer Shoots and Kills Suspect in Attempted Robbery-Updated!

September 29, 2011 Updated Oct 28, 2013 at 7:54 AM EDT

By WKBW News

September 29, 2011 Updated Oct 28, 2013 at 7:54 AM EDT

BUFFALO (WKBW) Buffalo Police tell Eyewitness News that early Thursday afternoon, two armed suspects approached 71 year old retired police officer Don Miller outside his John Paul Court home, near William and Fillmore on Buffalo's East Side.

"They evidently picked the wrong person to be a victim. He withdrew a licensed handgun, and engaged in gunfire with the robbers," Miller's attorney Thomas Burton said.

One of the suspects, a male in his mid twenties, was struck in the upper body. He fled the scene and collapsed in a nearby parking lot. That suspect was taken to ECMC where he later died. The other suspect is still missing.

"Either you are on the right side of the law or the wrong side of the law. And if you are on the wrong side of the law there are consequences for your actions. There is no right way to commit crime. Sooner or later, if you're sponsoring it, if you're part of it, it's going to catch up," Chairman of the Stop the Violence Coalition Arlee Daniels said.

Buffalo Police are still investigating this case. Meanwhile the debate continues regarding whether this shooting was a responsible use of force. Miller's attorney says his client was within his rights, and Burton says that the police department agrees.

"They believe it is a legitimate use of deadly force, in the face of a robbery, and that no charges are pending from buffalo PD," Miller's attorney said.

"Ff someone breaks into your house I think you have the right to defend yourself. I think it's the fault of the attackers," neighbor William Gault said.

Daniels said that it depends on the severity.

"Everybody has a right to protect their property, but at the same time, if your life is not in imminent danger, you have to show restraint," he said.

Buffalo Police are still looking for the other robbery suspect in this case. Police are also looking for a passerby who they say stole two guns from the one suspect who collapsed and later died.

Anyone with any information is asked to call the Buffalo Police Confidential Tipline at 847-2255.

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