Alleged home intruder shot, killed by resident

The Montgomery County Coroner’s Office identified the deceased as Bryan Q. Lewis, 36, of Dayton. Lewis died of multiple gunshot wounds to the chest and his death was ruled a homicide.

“They came into the bedroom saying do you want to die, mother (expletive)? Do you want to die, mother (expletive)?” the 911 caller told dispatchers. “I pulled a gun out of my nightstand and shot him twice. I’m pretty sure he’s dead.”

Montgomery County Common Pleas Court records show Lewis was convicted in 2012 of theft of a residence on Idle Wild Boulevard just a short walk from the Lindale house. Lewis had been indicted for aggravated burglary and robbery but pleaded to lesser charges and was sentenced to probation.

Dayton police are investigating the second shooting this month in which a resident claimed the Castle Doctrine of self defense. The Lindale Avenue call came in around 5:40 a.m. Friday.

“The initial investigation … indicates the homeowner was asleep inside the home when he was awakened by an intruder who threatened him,” Dayton police said via a press release. “The homeowner was able to reach a firearm and shoot the intruder. The homeowner was not injured.”

In the 911 call, the resident reported the alleged intruder broke the window on the back door, came to his bedroom, threatened him and had a claw hammer in his hand. The called said he’d never seen the alleged intruder before.

“At first I thought it was my cat or something. I heard a bunch of weird noises,” the caller said, adding that he was alone in the residence. “You don’t think anything like this is ever going to happen. I’m just glad I had something because otherwise he would have clawed my head in with a hammer.”

On June 7, Dayton police investigated claims that a 64-year-old woman said she shot an alleged intruder on Oakridge Drive. That case — like all such shootings — get reviewed by prosecutors.

At the time, police said the alleged home intruder was in “grave condition” at Miami Valley Hospital and that they were looking for two juveniles who may have been involved. No updates have been given by Dayton police since that incident.

The Castle Doctrine defines when someone can use lethal force to protect themselves inside their home or property. In Ohio, the law was approved in 2008 and updated in 2011.

“As long as the person’s not invited in your residence and appears to be presenting a threat, it’s presumed that the use of deadly force is legitimate in that situation,” attorney Jon Paul Rion said. “It’s a very difficult situation and people react differently.”

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