Published: July 03, 2008 11:02 pm         

Details surface in death of Linton man

Authorities believe self-defense led to shooting death

LINTON — The shooting death of a Greene County man has been ruled justified by that county’s prosecutor on grounds of self-defense.

According to a media release issued by the Greene County Prosecutor’s office, Michael R. Gallagher II was “justified under Indiana law in shooting Jarrett Edward Nicholson in order to protect himself from serious bodily injury while in his own home.”

According to the release, Gallagher made a series of 911 calls beginning at 5:49 a.m. June 28, stating that a man later determined to be Nicholson, 26, had come into his house without permission, refused to leave when ordered, and was threatening to beat and kill him.

Nicholson reportedly struck Gallagher during the confrontation, which resulted in Nicholson being shot in the chest.

According to an investigation by Indiana State Police, Nicholson had been taken to Gallagher’s home by Paul Roby to confront Gallagher about comments made to a girlfriend earlier in the evening.

According to investigators, Nicholson entered Gallagher’s home without permission and refused to leave, then proceeded to hit him about the head, causing injury.

“Gallagher eventually shot Nicholson while Nicholson was on top of Gallagher and punching Gallagher in the head,” the prosecutor’s report states.

After the shooting, Roby reportedly drove Nicholson to the Greene County Hospital in Linton on a scooter. Nicholson was pronounced dead at the hospital, and according to an autopsy conducted by Vigo County Coroner pathologist Roland Kohr, the cause of death was a single gunshot wound to the chest.

In a report by Greene County Prosecutor Jarrod Holtsclaw, “under Indiana Code 35-41-3-2, a person is justified in using deadly force and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent serious bodily injury or death or the commission of a forcible felony.

Further, a person is justified in using reasonable force, including deadly force, against another person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage or occupied motor vehicle.”

Brian Boyce can be reached at (812) 231-4253 or brian.boyce@tribstar.com.

     

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