Accident – Death – Obituary News :

South Bend Police Investigate Fatal Shooting on Beale St.

On Thursday, December 14, 2023, at approximately 9:21 p.m., officers with the South Bend Police Department responded to a shooting incident in the 1100 block of Beale St. The victim, identified as Richard Davis, a 68-year-old resident, was found at the scene with a gunshot wound. Despite being rushed to Memorial Hospital, Mr. Davis tragically succumbed to his injuries. As a result, the Violent Crimes Unit was activated to conduct a thorough investigation into his death.

The authorities conducted interviews with multiple witnesses, including neighbors and the homeowner who had made the emergency call. According to the homeowner’s account, he and his wife returned home that evening and were alerted by their security system about an alarm. In an effort to assess the situation, the homeowner asked his wife to remain in the vehicle while he approached the rear fence gate. It was at this moment that Richard Davis, an unknown male, emerged holding a chainsaw above his shoulders, causing the homeowner to fear for his life. In response to the perceived threat, the homeowner discharged his handgun once, immediately calling 911 afterwards. Both the homeowner and his wife cooperated fully with investigators.

The Violent Crimes Unit collected various pieces of evidence, including video footage, security system logs, and the chainsaw found near Mr. Davis. Surprisingly, the chainsaw was determined to belong to the homeowner and had been stored in his garage prior to the incident. On December 16, 2023, an autopsy confirmed that Mr. Davis’ cause of death was indeed a single gunshot wound.

Following a comprehensive investigation, the Violent Crimes Unit submitted their findings to the St. Joseph County Prosecutor’s office. After careful review, the Prosecutor’s Office concluded that there was insufficient evidence to disprove that the shooting of Mr. Davis constituted a justifiable homicide under I.C. 35-41-3-2(c). Consequently, no criminal charges will be filed in connection with his death.

It is important to note that while Mr. Davis’ death is classified as a homicide, it does not inherently determine whether the act was justified according to Indiana law.

Understanding Self-Defense Laws in Indiana

Under I.C. 35-41-3-2(c), individuals are justified in using reasonable force to protect themselves or others from what they reasonably believe to be an imminent use of unlawful force. In cases where serious bodily injury or the commission of a forcible felony is believed to be imminent, the use of deadly force is justified, and there is no obligation to retreat. Indiana law ensures that individuals are not placed in legal jeopardy for protecting themselves or others by reasonable means necessary.

For the State to pursue criminal charges, they would need to disprove two critical factors beyond a reasonable doubt. Firstly, they would need to demonstrate that the homeowner was not honestly in fear of serious bodily injury or death. Secondly, they would need to prove that the homeowner’s fear was not reasonable under the circumstances.

Based on the available evidence and the law, the State was unable to disprove that the homeowner genuinely and reasonably believed that he faced imminent serious bodily harm or death. Consequently, the discharge of the homeowner’s firearm was deemed justifiable self-defense, and no charges will be filed.

As the homeowner is not facing any criminal charges, their identity will not be released to the public.

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