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UPDATE @ 6:30 p.m. (Sept. 14): Gunfire that occurred during an apparent home invasion, in the same apartment where 27-year-old MarqAnthony Mooty was shot and killed Sunday morning, is being investigated as retaliation, Dayton police said.
No arrests have been made in either shooting as of Wednesday evening.
The 56-year-old man who has admitted to police that he shot Mooty was the 9-1-1 caller who told dispatchers that three or four armed men came into his residence on Briarwood Avenue about 5:15 a.m. and fired several shots. He said he ran into the bathroom to hide. No one was hurt.
“They kicked in my door and tried to shoot me,” the 9-1-1 caller said, noting he thought one of the suspects could be related to Mooty. The 9-1-1 caller said he and Mooty “got into an altercation, and he got shot and he died, so they’re after me.”
The 9-1-1 caller said, “I’ve got bullet casings on my floor” he said came from a group of individuals wearing black hoodies.
A Montgomery County Prosecutor’s Office spokesman said that no three-prosecutor panel has met to consider charges in Sunday’s shooting, but that it’s too soon to say whether police or prosecutors consider it a self-defense case.
According to a police incident report, a .22-caliber pistol was located about 18 inches from Mooty’s head. He was found in a bedroom of the apartment, according to the incident report.
Mooty had been on life support at Miami Valley Hospital since he was shot in the head Sunday morning at the apartment. He was pronounced dead at 9 p.m. Tuesday, according to his sister and the Montgomery County Coroner’s Office.
The 9-1-1 caller served 13 years in prison for voluntary manslaughter and theft charges stemming from a 1986 incident in which a man was killed, according to court records. He was sentenced to a term of 10 to 25 years and was released in 2000.
Court records also reveal that Mooty was convicted of having weapons as a felon and drug possession involving heroin in 2013. In 2007 and 2008, he was convicted of drug possession involving crack cocaine, according to court records.