Warrant: Dad died protecting son's girlfriend

A 58-year-old man died after intervening to stop his son's assault on his girlfriend, a Cobb County arrest warrant alleges.

The son has been charged with murder in the Sunday evening incident.

Officers found Herschel P. Miller in medical distress when they arrived at his home, near Acworth, Sgt. Dana Pierce with Cobb County police said. Miller was transported to WellStar Kennestone Hospital, but did not survive.

Miller's son, 32-year-old Christopher Miller, was arrested and charged with felony murder, aggravated assault, and battery. He's being held without bond.

"The preliminary indication is that Herschel Miller died as a result of a stress-induced cardiac event," Pierce said.

An autopsy was done, but there has been no official finding on the cause of death, Pierce said. Toxicology tests are pending.

According to address records, both Millers lived in the home on Fripp Overlook, off Mars Hill Road.

The warrant alleges Christopher Miller assaulted his girlfriend and tried to choke her with his hands. She had "red marks around her throat by her collarbones, on both sides of her neck," and "an abrasion to her forehead and a swollen and bruised lower lip," according to the warrant.

"Upon seeing this assault, Herschel Miller attempted to intervene to stop the assault," the warrant states.

Christopher Miller pushed his father to the ground and struck him several times, the warrant further alleges.

When police spoke to Herschel Miller, he confirmed the girlfriend's version of events, according to the warrant. "Shortly thereafter, Herschel Miller fell unresponsive," the warrant states.

The warrant says Christopher Miller was charged with felony murder because he caused the death of his father while committing aggravated assault against his girlfriend.