The incident, which occurred at about 1:45 a.m. Aug. 8, left Robinson and Davis with multiple gunshot wounds.
Davis, of Middletown, was pronounced dead at University Hospital in Cincinnati, where Robinson remains hospitalized.
According to Ohio law, if a death occurs as the result of an offender committing or attempting to commit a violent felony criminal offense, the person can be charged with murder.
Butler County Prosecutor Robin Piper, who prosecuted a similar case a few years ago, said the case is unusual.
“These facts and scenarios do not happen very often, but we will aggressively prosecute when they do,” Piper said. “If you commit a home invasion or rob a store and anybody is killed in the commission of that crime, we are going to hold you accountable.”
Piper added that Gabbard broke no laws, and was defending property and protecting himself.
The two men broke into Gabbard’s home to rob him, according to Butler County Sheriff’s deputies. Robinson, who was wearing a mask, searched the house for items to steal, while Davis held Gabbard at gunpoint, according to deputies.
Gabbard was compliant with the intruders’ demands, but “felt imminent danger coming his way,” according to Chief Deputy Anthony Dwyer. That’s when Gabbard went to another room and returned with a 7.62 mm caliber semiautomatic rifle.
At least one round was fired by one of the suspects from a small-caliber handgun, and Gabbard fired several rounds, including some into the ground, according to authorities.
In a 911 call, a man said, “I shot both of them ... the robbers. Please hurry.”
Both Davis and Robinson have criminal records through Butler County Common Pleas Court. Davis was charged in 2004 for attempted burglary. Robinson has seven closed cases, ranging from drug trafficking to carrying a concealed weapon.
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