Flora Vista man accused of pointing gun at 3-year-old boy over breakfast tantrum
- Brandon Miller is accused of third-degree felony child abuse fourth-degree aggravated assault
- Nicholas Cullander, Miller's attorney, did not respond to a request for comment
- Miller's preliminary hearing is set for the morning of July 30 in Aztec Magistrate Court
FARMINGTON — A Flora Vista man is accused of grabbing a handgun during a domestic fight and pointing it at the head of a three-year-old boy after the child refused to eat his breakfast.
Brandon Miller, 36, faces a third-degree felony count of child abuse along with two fourth-degree felony counts of aggravated assault, according to the criminal complaint.
Nicholas Cullander, Miller's attorney, did not respond to a request for comment.
The San Juan County Sheriff's Office was dispatched around 8:49 a.m. on July 12 to a residence on County Road 3461 in the Flora Vista area to investigate a possible domestic violence altercation.
According to the criminal complaint, a woman said she and her three-year-old son were victims of the incident involving Miller. The woman, Miller and a female witness were interviewed by law enforcement.
Miller told police he got into an argument with the woman regarding the boy, according to the narrative in the complaint. He said he and a female relative were trying to get some sleep, but he could hear the boy "misbehaving" and not doing what his mother wanted him to do.
Miller got out of bed and allegedly yelled at the boy to eat his breakfast cereal, but the child didn't want to because he wanted a muffin, according to the criminal complaint. This led to an alleged argument between the mother and Miller. The defendant is accused of pulling the boy's chair from underneath him twice, and then throwing the chair at the blinds in the living room.
Miller told police he left the room and grabbed his black handgun, according to the court document. He added that he got so angry that he believed he "blacked out," remembering he pointed the gun at the "ground in the living room."
The child's mother told police Miller put the end of the pistol directly to the boy's head and said, "he can solve this problem," according to court documents. The woman allegedly ran up to him and started to push and slap him in the face, then retrieved her own firearm.
She told law enforcement she was scared that Miller was going to harm her or her son.
A female witness told law enforcement she heard Miller "rack" his firearm and heard the mother scream at the defendant, asking him why he was pointing his gun at the boy. The female witness did not see Miller with the firearm.
Miller was released on his own recognizance on July 13 from the San Juan County Adult Detention Center.
The defendant's preliminary hearing is set for the morning of July 30 in Aztec Magistrate Court.
Joshua Kellogg covers breaking news for The Daily Times. He can be reached at 505-564-4627 or via email at email@example.com.
Support local journalism with a digital subscription: http://bit.ly/2I6TU0e