The shooting of a man at a home in South Bend back in December was ruled a justifiable homicide on Wednesday.

The St. Joseph County Prosecutor’s Office says they reviewed all of the evidence in the case and said no criminal charges will be filed against the homeowner who shot and killed 68-year-old Richard Davis on December 14 just before 9:30 pm. Since the homeowner isn’t being charged, they have decided to not release his name.

The South Bend Police Department says the homeowner and his wife got home that night and their security system notified them of an alarm as they were getting ready to go inside. The man told his wife to stay in the car and went to the rear fence gate to his property and saw Davis moving toward him while holding a chainsaw above his shoulders.

Fearing that he would be seriously injured or die, the homeowner shot Davis and told his wife to call 911. Davis was taken to a hospital where he later died.

Police say the man and woman both stayed at the scene to cooperate with them. The Violent Crimes Unit says they later learned that the chainsaw Davis had in his hands actually belonged to the homeowner and had been in his garage prior to the incident.

As far as evidence goes, the officers involved say they interviewed several witnesses and people in the neighborhood along with video and security system logs.

In terms of why the ruling was made, the State could not disprove that the homeowner was honestly and reasonably in fear of serious injury or death and they could not disprove self-defense beyond a reasonable doubt.

From the St. Joseph County Prosecutor’s Office:

On Thursday, December 14, 2023, at approximately 9:21 p.m., officers with the South Bend Police Department were dispatched to the 1100 block of Beale St. in reference to a shooting.  When they arrived, officers located a person later identified as Richard Davis, 68 years old, suffering from an apparent gunshot wound.  Mr. Davis was transported to Memorial Hospital where he was later pronounced deceased. Pursuant to protocol, the Violent Crimes Unit was activated to investigate his death.

Officers interviewed a number of witnesses, including neighbors and the homeowner who had called 911 and informed officers that he had shot Mr. Davis once.  The homeowner explained that he and his wife arrived home that evening and as they were getting ready to enter their house, their security system notified them of an alarm. The homeowner asked his wife to remain in their vehicle and the homeowner approached the rear fence gate to his property.  As the homeowner approached the gate, an unknown male, later identified as Richard Davis, moved toward the homeowner while holding a chainsaw above his shoulders. The homeowner advised officer that when the unknown male (Mr. Davis) brandished the chainsaw, he feared he would be seriously injured or die.  The homeowner stated he therefore fired his handgun once and then yelled to his wife to call 911.  The homeowner and his wife remained at the scene and were cooperative with investigators.

Among other evidence collected, the Violent Crimes Unit recovered video, security system logs, and a chainsaw located near Mr. Davis.  Officer found that the chainsaw actually belonged to the homeowner and had been stored in his garage prior to this incident. An autopsy was conducted on 12/16/23 and it was confirmed that Mr. Davis’ cause of death was a single gunshot wound.

After completing their investigation, the Violent Crimes Unit forwarded the investigation to the St. Joseph County Prosecutor’s office.  After reviewing the investigation into this incident, the Prosecutor’s Office cannot disprove that the shooting of Mr. Davis constituted a justifiable homicide under I.C. 35-41-3-2(c). As such, no criminal charges will be filed in connection with his death.

While it is clear that Mr. Davis’ death is a Homicide (Indiana Law defines Homicide as “death at the hands of another”), it does not determine whether that homicide was justified.

I.C. 35-41-3-2(c) specifically states “A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that the force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.”

In order to file any criminal charges, the State would have to disprove that the homeowner was 1) honestly and 2) reasonable in fear of imminent serious bodily injury or death to himself or others.  Further, the State would have to disprove this beyond a reasonable doubt.

In short, the State cannot disprove that the homeowner was honestly and reasonably in fear of serious bodily injury or death.  Because, based upon the law and these facts, the State cannot disprove self-defense beyond a reasonable doubt, no charges will be filed for the discharge of the homeowner’s firearm.