“Andre Evans knew people at the Bellbrook home, and this incident does not pose an ongoing danger to the public,” Doherty stated. “We expect the investigation to be a lengthy process, as we await autopsy and toxicology results, complete interviews and gather additional evidence.”
Once the investigation is complete, the Greene County Prosecutor’s Office will review the case, the chief said.
Dayton University Law Professor Thomas Hagel told the Dayton Daily News that Ohio law allows someone to protect themselves if someone breaks into their home. This law is known as the Castle Doctrine.
“It’s pretty straight forward. If they break into your home, there is an assumption that you are being threatened with serious bodily harm,” Hagel said.
However, Hagel said the law does not allow someone to shoot a trespasser who is not posing a threat. Hagel said a recent change to Ohio law now mandates prosecutors prove a defendant wasn’t acting in self-defense at the time of the incident.
The woman told the dispatcher that the man was shot in the garage of the Bellbrook home and that she didn’t know where in the body the man had been shot.
The woman also said that she had a protection order against Evans. The Dayton Daily News is working to confirm the protection order.