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Shooting of inmate ruled justified
By The News Journal
Published: 08/31/2004

Delaware prosecutors said Monday they have cleared a 25-year corrections veteran of any wrongdoing in the shooting of an inmate during a hostage standoff, releasing a report that provided new details about the last moments of serial rapist Scott A. Miller's life and why he was killed.
The state Attorney General's Office said corrections Lt. Keith Hoffer's use of deadly force was justified in order to prevent serious injury or death to the counselor Miller had taken hostage. Miller threatened to kill the woman and was walking toward her with a homemade knife in his hand when he was shot.
Corrections spokeswoman Beth Welch said the decision "is reassuring to the dedicated officers of the Department of Correction who put their lives on the line daily in the name of public safety."
Welch said the department has returned the officer to full duty.
While Monday's decision concludes the investigation of the shooting, the corrections department continues its investigation into how the incident occurred. Some, including the counselors' attorneys, have asked for an independent investigation.
"We are pleased that the shooter was vindicated," said Herbert G. Feuerhake, who, along with Jeffrey M. Martin, represents the counselor. "While the shooter has been vindicated, the Department of Correction has not."
Feuerhake again asked that an independent commission be appointed to find out why the incident happened and why the Department of Correction continues to be plagued by understaffing and other problems.


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