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Wanton endangerment charge against W.Va. man withdrawn

September 13, 2007

MARTINSBURG, W.Va. - A wanton endangerment charge filed against a man accused of pointing a semiautomatic pistol at a Martinsburg Police Department officer has been withdrawn by the Berkeley County Prosecuting Attorney's office, the arresting officer confirmed on Wednesday.

Martinsburg Police Sgt. S.L. Armel said Wednesday that he made the request to withdraw the charge against Jeffrey Allen Miller of Broad Lane in Falling Waters, W.Va.

"He was not the suspect that night," said Armel, acknowledging Miller's arrest was in error.

At 12:45 a.m. on Aug. 23, Armel stopped a 1980 Cadillac DeVille in the 300 block of North Queen Street for driving erratically, police said.

Patrolman Erin Gibbons ordered the driver and passenger out of the car and the driver took off on foot, police said. Gibbons ordered the driver to stop, but instead he turned and pointed a pistol at Gibbons, who then used his Taser, police have alleged.

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The man then dropped the pistol and resumed running, police said. The pistol was recovered at the scene.

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