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

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

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.

Related Story:

 Copyright 2012 FOX19. All Rights Reserved.

  • Seen on 19Seen on 19More>>

  • Powerball jackpot up to $535M, drawing Saturday

    Powerball jackpot up to $535M, drawing Saturday

    Thursday, August 17 2017 10:00 AM EDT2017-08-17 14:00:30 GMT
    Friday, August 18 2017 2:46 PM EDT2017-08-18 18:46:47 GMT
    (Source: WOIO)(Source: WOIO)

    No one matched the winning Powerball numbers on Wednesday August 16, 2017, increasing the next jackpot to $535 million for Saturday night's drawing.

    More >>

    No one matched the winning Powerball numbers on Wednesday August 16, 2017, increasing the next jackpot to $535 million for Saturday night's drawing.

    More >>
  • LOOK HERE: 2017-18 School start dates

    LOOK HERE: 2017-18 School start dates

    Friday, August 18 2017 2:43 PM EDT2017-08-18 18:43:41 GMT
    First day of school for students in NE Ohio. (Source: WOIO)First day of school for students in NE Ohio. (Source: WOIO)

    Summer is wrapping up and students all across the country and in northeast Ohio are headed back to school.  

    More >>

    Summer is wrapping up and students all across the country and in northeast Ohio are headed back to school.  

    More >>
  • Hopkins passenger reunited with valuable ring, thanks to TSA

    Hopkins passenger reunited with valuable ring, thanks to TSA

    Friday, August 18 2017 10:37 AM EDT2017-08-18 14:37:36 GMT
    Marijke Dauwen, who wears her deceased brother’s class ring as a tribute to him, was passing through a TSA security checkpoint at Hopkins in July when another passenger inadvertently picked up the ring. (Source: TSA)Marijke Dauwen, who wears her deceased brother’s class ring as a tribute to him, was passing through a TSA security checkpoint at Hopkins in July when another passenger inadvertently picked up the ring. (Source: TSA)

    A Transportation Security Administration Officer helped reunite a passenger traveling through Cleveland Hopkins International Airport with a valuable ring she misplaced at the airport last month.  

    More >>

    A Transportation Security Administration Officer helped reunite a passenger traveling through Cleveland Hopkins International Airport with a valuable ring she misplaced at the airport last month.  

    More >>
Powered by Frankly