Victim questions probation for suspect that "almost murdered" hi - FOX 10 News | fox10phoenix.com

Victim questions probation for suspect that "almost murdered" him

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Paul Doan Paul Doan
DETROIT, Mich. (WJBK) -

"Probation?  For a man that almost murdered me?"

Those are the confused word of Paul Down. He is still recovering from being shot back in May of this year. He was at his friend Roger Miller's house on Detroit's east side when it happened.

It's alleged that Miller was harassing his 84-year-old neighbor, and that neighbor started shooting at them and hit both of them with birdshot, a smaller size of shot used in shotguns.

Doan almost died from his injuries.

"Accidents happen - I understand - but this was not an accident, and that's what makes it so difficult," Doan tells Fox 2's Amy Lange.

After the incident, the neighbor, Edward Simmons, was charged with ten felonies including three counts of assault with intent to murder. Doan says he was expecting Simmons to serve at least some time, but now the charges have been dropped and Simmons will plead no contest to two misdemeanors and do one year of probation.

Simmons' attorney says his client is a war hero who has never been in trouble, and was terrorized by his neighbor for more than a year. That day, in May, when Simmons called police, he says he only fired because he felt threatened by Miller and Doan.

However, Doan says they were all unarmed and on Miller's property, which is located two houses away from Simmons', when Simmons started shooting at them.  

"It's a threat to everybody around him. I've never met the man and he opened fire on me, who's to say he's not going to do it again?" Doan says.

We contacted the prosecutor who said this about Doan's friend, Roger Miller:

"Since the warrant was signed we were able to find out complete information about the history between the 84-year-old Mr. Simmons and the 47-year-old complainant in this case. Considering all of the facts and circumstances we believe that the actions of Mr. Simmons are consistent with the two charges of Discharging a Firearm Causing Injury While Intentionally Armed Without Malice."

"That's trying to kill somebody - that's attempted murder," Doan argues. "Somebody justifies a shooting, that just doesn't make sense to me. People don't do that and that's why we have laws set up so that dangerous people, they receive repercussions but it's not happening."

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