Alleged "upskirt" photographer arrested

ASHLEY, Ind. (WANE) - The man accused of taking "upskirt" photos of a 10-year old girl at a video rental store in Ashley has been arrested on a misdemeanor charge of Battery.

Update 2011: The charge was dropped by Dekalb County, because the court found the suspect did not intentionally touch the alleged victim.

Officers of the Ashley Police Department arrested 36-year old Nelson A. Miller on Monday.  MIller, a manager at A-HEC Video Game and DVD Rental, has been accused of taking "upskirt" pictures of patrons inside the store. 

The father of one of the alleged victims, a 10-year old girl, filed a complaint with police claiming Nelson followed the little girl around the store with a cell phone camera taking the photos. 

Initially police did not charge Miller with a crime, saying there is nothing on the books that would make such actions illegal.  However, because the complaint alleged Miller brushed up against the girl, police determined a charge of battery could be filed.  According to the Ashley Police Department, Battery is defined  as the touching of a person by another person in a rude, insolent, or angry manner.