Fisher could not be reached Tuesday night for comment.
Fisher was working security at the City Views at Rosa Burney Park apartments in southeast Atlanta the night of the incident. But police had not authorized the first-year officer to take the job, police said.
He allegedly shot at Miller from close-range, hitting the 27-year-old Miller in the lower left jaw. Fisher told investigators at the scene that he thought Miller was reaching for a weapon.
A witness several yards away said he saw Miller unarmed, with his hands raised in the air, offering Fisher no resistance.
Miller was not involved in any illegal activity, as Fisher suspected, but was at the apartment to help his quadriplegic aunt take her medicine, court officials said.
Fisher turned himself in to police and was released the same day from the Fulton County Jail on $35,000 bond.
Miller spent significant time in the hospital and underwent surgery to remove the bullet lodged in his jaw.
He has since filed a civil law suit against Fisher and against the City Views apartment complex, citing among other things, emotional distress, and false imprisonment.
Atlanta police initially placed Fisher on on administrative leave, but later suspended him.
In July, while out on bond, Fisher was involved in a domestic violence incident in Clayton County for which charges are pending against him.
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