No charges filed after man was killed outside Wichita bar. It was self-defense, DA says

No charges will be filed in the fatal shooting of a 34-year-old Wichita man outside a north-side bar on Nov. 10, according to Sedgwick County District Attorney Marc Bennett.

Zachary Tre’veon Miller, who was an All-American defensive back at Butler Community College, died outside Tropics Lounge, 2705 North Broadway. The shooting was reported at 1:59 a.m. Miller was pronounced dead at 2:17 a.m.

“The evidence presented established that the individual acted in self-defense and that Mr. Miller was the initial aggressor,” Bennett said. “Summarized, Mr. Miller was escorted from the area and then returned to initiate the fight.”

Bennett said the decision not to file charges was based on a review of video and statements from witnesses. In order to overcome a self-defense claim, he said, they must be able to prove that the defendant did not honestly believe the use of force was necessary or a reasonable person wouldn’t’ believe the use of force was necessary.

“We did not have evidence to establish either factor,” Bennett said.

Miller’s girlfriend, Haleola McDowell, who was there when the shooting happened, said she didn’t think the shooting was in self-defense.

“I think eventually things will come to light,” she said. “And I’m certain of it.”

She said the man who shot Miller was a patron who denied them entry, saying that they weren’t serving drinks anymore and that the bar was closed.

She said she and Miller just saw through the window the bartender serve drinks and people were still inside. As Miller reached for the door, the man pushed them back, she said.

Miller got upset about the man pushing her, she said.

A few people got in between the man and them, she said.

The man then said a racial slur, which also upset Miller, she said.

The man left through one of the gates of the business and then came back. Miller took off his jean jacket when the man came back, she said, and told her to get to the car.

“He goes around the guy that had been separating him and then goes after him and by that time my back is turned because he told me to go to the car.”

She thinks Miller told her to run because he saw the gun. He went toward the gun to keep her from being shot by accident if he ran with her, she said.

“As soon as I heard the boom, boom, boom, turned around because I knew, I knew that Zach didn’t have a gun on him.”