Miller had no-trespassing signs on his property, so O’Donnell tried to coax him to the patrol car to serve him his citation for disturbing the peace after being served a warning. Miller refused to go with O’Donnell, so he said he was placing Miller under arrest and warned him that things would get worse if he didn’t cooperate.
“I’m placing you under arrest for disturbing the peace, so either you come out of here or I’m going to drop more charges on you,” O’Donnell told him. “You can either go now, or I’m going to have more charges for you and you’re going to have us up here every night.”
“For what?” Miller replied.
“For disturbing the peace.” O’Donnell said. Then the deputy appears to point to houses around the neighborhood. “I’ve had your neighbor there come out and tell me she can’t take it anymore, I’ve had that neighbor, I’ve had that neighbor, I’ve had that neighbor; I’ve had four people come out and tell me that they can’t take it anymore.”
“Whatever,” Miller replied. Then he went back and turned on his lawn mower again.
O’Donnell asked Miller to exit his property a few more times before Miller retreated into his home, according to the affidavit. Miller was ultimately arrested for refusing to stop his disturbing behavior and for not complying with a law enforcement officer’s command, O’Donnell’s statement said.
One neighbor told the officer that the noise from Miller’s mower prevented his infants and ailing wife from sleeping, the deputy wrote. Another neighbor complained that he also couldn’t sleep because of the noise. A third simply said she “could not take it anymore.”
One of the four neighbors who complained to the officer was Dwaine White, who lives across the street from Miller.
White told The Washington Post that Miller’s interaction with O’Donnell occurred around 11 p.m. last week. Miller barricaded himself inside his home to avoid police before his Sunday arrest, White said.
White alleges that his neighbor uses the riding mower for transportation at times, and that it isn’t actually capable of cutting grass.
“I can make no sense of this,” White said, trying to explain the noise. “He’ll run that tractor all night, and it echoes all over the neighborhood.”
White told WRIC that Miller prompted 114 calls to the sheriff’s office in the past six months, many having to do with the lawn mower and loud music. He also installed audio and video recording cameras outside his home to document Miller’s behavior.
Miller has been charged with other annoying behaviors, such as allowing an animal to roam around the neighborhood and letting debris accumulate on his property, according to public records.
Miller’s attorney didn’t respond to a request for comment. If convicted on the current charges, he could spend up to a year and a half in jail and be fined up to $1,500.
As of Friday, Miller remains in custody on a bond that has been reduced from $155 to $10, according to Pasco County Sheriff’s Office records.