Prosecutor: No charges filed against 84-year-old man who shot in - 19 Action News|Cleveland, OH|News, Weather, Sports

Prosecutor: No charges filed against 84-year-old man who shot intruder

Posted: Updated: Jan 18, 2012 12:31 PM
HAMILTON, OH (FOX19) -

The Butler County Prosecutor's Office says no charges will be filed against an 84-year-old man who shot and killed a 75-year-old intruder.

Charles Foster shot and killed Ed Stevens on Jan. 3 in Hamilton. Investigators say Stevens had a history of dementia and Alzheimer's and was at the wrong house. He eventually attacked Foster with a wooden board, causing Foster to shoot him twice.

"It has been determined that the death of Ed T. Stevens was the result of justifiable deadly force used by Charles V. Foster while acting in self defense," Butler County Prosecutor Michael Gmoser said in a statement. "This determination was made applying the law regarding self defense and a recently enacted law recognizing that a person's home is inviolate. This is commonly referred to as the Ohio Castle Doctrine."

Gmoser says the public may ask why Foster didn't retreat and call police when faced with the intruder, but under the Ohio Castle Doctrine, a lawful resident of property has no duty to retreat before using force in self defense.

"The use of deadly force should be used with considered judgement for self preservation as warranted in each situation," said Gmoser.

The case was given to a Butler County grand jury on Wednesday, with no indictment returned.

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