Oct 17, 2016 3 min read

WAYNESBURG – The mother of the West Virginia man shot and killed in Mt. Morris in June wants answers from the Greene County district attorney on whether the shooter will be charged or if the investigation revealed that it was justifiable homicide in self-defense.

Rhonda Harsh said she plans to contact District Attorney Marjorie Fox to ask her where the investigation stands in the shooting death of her son Dustin Lee Miller after he became involved in a fight with another motorist June 23.

“I’m just surprised the investigation is still open,” said Harsh, an attorney from Waverly, W.Va., near Parkersburg. “I would like to know, and perhaps I should reach out to the prosecuting attorney. I would really like to know what the thought process is.”

State police investigators have said Harsh was driving her son to a hospital in West Virginia for a mental health evaluation when Miller became “irate,” leaving his mother’s vehicle before threatening other drivers and beating on cars along Locust Avenue. Miller, 33, jumped in front of one passing vehicle and began damaging it, police said. Cam Ray Lemley, 66, of Core, W.Va., then got out of his vehicle with a revolver, prompting an argument, which led to Lemley fatally shooting Miller, police said.

“It was just a lot of traumatic things around that time,” Harsh said during a telephone interview Monday afternoon with the Observer-Reporter.

Trooper William Brown, the investigating officer, said at the time the shooting appeared to be “justifiable” and handed over his finding to the district attorney’s office in August. Fox declined to comment on multiple questions Monday about whether the investigation has been closed or if the shooting falls under the state’s Castle Doctrine law that allows for self-defense if a person is being attacked while inside his home or car.

“I’m not going to comment,” Fox said.

Harsh spoke to Brown before he completed his investigation and said it sounded as though police were not planning to file charges against Lemley. Harsh, who witnessed the shooting, declined to say whether she thought charges should be filed.

“Last I knew, the investigating officers assumed it would be closed with no charges filed,” Harsh said. “I don’t know if there’s more to it that I don’t know.”

Brown could not be reached for comment Monday.

Reached by telephone Monday afternoon, Lemley said he thought the matter was closed, although he had not heard definitively from the district attorney or investigators.

“I haven’t heard from them since the night it happened,” Lemley said. “I’m not concerned because it was justifiable.”

Multiple witnesses said Miller had damaged several vehicles and confronted drivers before the shooting. Miller was pronounced dead at the scene.