Two weeks after his injury in an officer-involved shooting, the man charged with attacking the officer before being shot has been arrested and handed a no-contact order.

Donald Joseph Miller, 51, is charged with felony counts of robbery with serious bodily injury and simple assault on a peace officer related to his alleged attack on a Bismarck police officer on Oct. 15 at the Bismarck Motor Motel.

He was arrested Friday afternoon and is held at the Burleigh-Morton County Detention Center, pending $150,000 cash bond.

Police have declined to name the officer. 

"It is our policy not to release the name of an officer involved in a shooting until the investigation is complete," Sgt. Mark Buschena said, "the same way we don’t release any other person’s name in a case until that investigation is complete and that person is either charged, or the case is closed and no charges are brought, in which case the name becomes releasable."  

Furthermore, the officer has invoked his victim rights under Marsy's Law, Buschena added, "so we won’t be releasing his name."

Bismarck Police Chief Dan Donlin previously said he has been with Bismarck Police for three and a half years and is an American military veteran.

The Bismarck Tribune was able to identify the officer as Justin Antonovich through Miller's no-contact order and a current roster of licensed North Dakota peace officers which indicates Antonovich's employment with Bismarck Police.

Miller had allegedly attacked Antonovich in his squad car as he arrived on an unrelated call at the motel on Main Avenue.

Miller allegedly punched him repeatedly in the head and gouged his eyes. 

Donlin said the officer tried to fight back and even use his Taser, which failed, before he shot Miller in the abdomen to stop the attack.

Both men were taken to a hospital, where the officer was treated for eye and face injuries and later released. Miller required surgery for his gunshot wound.

The affidavit in the case is sealed under a district judge's order until Miller's preliminary hearing. Miller did make an initial appearance Monday morning.

The officer has returned to work from paid administrative leave, now on restricted duty, Buschena said.

"He can come back to work but will not be performing field duties until the investigation and findings are complete," he said.

The North Dakota Bureau of Criminal Investigation is conducting the probe.

No new court date has yet been posted for Miller. He may have no contact with Antonovich, direct or indirect, via any means.

Miller's charges carry up to 15 years in prison.

Reach Jack Dura at 701-250-8225 or jack.dura@bismarcktribune.com.

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