Homeowner will not be charged for fatally shooting intruder | ICIN

The prosecutor said the shooting was “legally justifiable” and said all evidence shows the homeowner shot Ke’yon Davis to defend herself, her child and her home.

MUNCIE, Ind. — A Muncie homeowner will not be charged for shooting and killing an intruder in November of last year. 

The Delaware County Prosecutor said the homeowner was justified in shooting 19-year-old Ke’yon Davis, when he tried to break into her home on 7th Street on Nov. 19, 2021.

Court documents say a homeowner and her child were in their home at around 11:45 p.m. on Nov. 18, when the homeowner heard someone outside trying to break through a window. 

The homeowner called 911. Police arrived about 10 minutes later and checked around the house, but didn’t see anyone. They told the homeowner they would up their patrols around her house. 

The homeowner did report hearing anything else throughout the night. At around 5:20 a.m. on Nov. 19, the homeowner again heard someone outside her house trying to get in. This time through a kitchen window. 

Court documents say the homeowner told police she saw two hands lifting her kitchen window. 

That’s when the homeowner, who’s licensed to carry a gun in Indiana, said she fired on “warning shot” at the kitchen window. 

Police said she immediately called 911 to report the shooting. Police arrived to find Davis lying on the ground a few feet from the kitchen window. Everything he had one was black, including his coat, hoodie, sweatpants, socks and sneakers. He also had a backpack on him with various items in it, including a stolen laptop. 

He was pronounced dead at the scene and an autopsy determined his death to have been caused by a single gunshot wound. Documents say toxicology results also found Davis had “designer opioids” and “fentanyl” in his system. 

RELATED: 1 dead in Muncie shooting

Delaware County Prosecutor Eric Hoffman decided not to charge the homeowner.

In documents explaining his decision he wrote, “All of the evidence indicates that when the homeowner fired her handgun ultimately striking Ke’yon Davis she did so in defense of herself, her minor child, and to terminate an unlawful attack upon her residence.”

He added that the shooting of Davis was “legally justifiable” and said that if Davis had survived, he would have faced multiple felony charges including attempted burglary, attempted residential entry, and theft. 

The investigation into this case has been closed. 

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