A bizarre shooting in South Bend involving a chainsaw will not result in criminal charges. It’s the second shooting in the past month that’s been ruled justified by St. Joseph County Prosecutors.
Officials on Wednesday identified 68-year-old Richard Davis as the man who was killed in a shooting in the 1100 block of Beale Street in South Bend on Dec. 14.
However, St. Joseph County Prosecutor Ken Cotter will not be filing criminal charges in connection to Davis’ death as officials believe a homeowner on that street shot Davis in an apparent act of self-defense.
Prosecutors said the homeowner was arriving home that night and found the gate to his backyard open and an alert from his home security system. When he went to investigate, the homeowner told police Davis appeared brandishing a chainsaw over his shoulders.
The man then shot Davis in the chest and had his wife call 911. Police determined the chainsaw belonged to the homeowner and said the man stayed on the scene and cooperated with the investigation. The prosecutor's office said investigators reviewed video footage, security system logs and the chainsaw as evidence before making their determination.
Indiana law allows for the use of deadly force if a “person reasonably believes that the force is necessary to prevent serious bodily injury to themself or another person.” Prosecutors said they cannot disprove the homeowner was reasonably afraid of serious injury and will not file charges. The release from the prosecutor's office did not state whether Davis had the chainsaw activated at the time of the shooting.
The shooting is the second since the start of December where prosecutors have ruled a fatal shooting justified. On Dec. 21, 24-year-old Glen Brooks was shot and killed while apparently attempting to rob a gas station.
In that incident, two witnesses told police Brooks had a handgun and was struggling with the clerk of a Phillips 66 on Western Western avenue when one bystander shot and killed Brooks.
In both shootings, prosecutors have not released the name of the person who fired the fatal shots.
