Listen Live
A judge's gavel and law books are seen in a courtroom.

Source: BrianAJackson/Getty Images

SOUTH BEND, Ind.–The shooting of a man at a home in South Bend back in December was ruled a justifiable homicide on Wednesday.

The St. Joseph County Prosecutor’s Office says they reviewed all of the evidence in the case and said no criminal charges will be filed against the homeowner who shot and killed 68-year-old Richard Davis on December 14 just before 9:30 pm. Since the homeowner isn’t being charged, they have decided to not release his name.

The South Bend Police Department says the homeowner and his wife got home that night and their security system notified them of an alarm as they were getting ready to go inside. The man told his wife to stay in the car and went to the rear fence gate to his property and saw Davis moving toward him while holding a chainsaw above his shoulders.

Fearing that he would be seriously injured or die, the homeowner shot Davis and told his wife to call 911. Davis was taken to a hospital where he later died.

Police say the man and woman both stayed at the scene to cooperate with them. The Violent Crimes Unit says they later learned that the chainsaw Davis had in his hands actually belonged to the homeowner.

As far as evidence goes, the officers involved say they interviewed several witnesses and people in the neighborhood along with video and security system logs.

In terms of why the ruling was made, the State could not disprove that the homeowner was honestly and reasonably in fear of serious injury or death and they could not disprove self-defense beyond a reasonable doubt.