UPDATE: Man Is Shot, Then Charged

A Dayton man shot during a fight, not the shooter, is charged with a crime.

Police said Devaris Chandler was drinking with a friend when he decided to visit his 2-year-old daughter at 712 Westwood Ave. in Dayton around 2 a.m. Tuesday.

The girl lived with Chandler's ex-girlfriend who was home at the time with another man, Jonathan Perkins.

Police said Chandler tried to get in the front of the house, then ran around the back and kicked in the door. Perkins and Chandler then started to fight in the back yard.

Sgt. James Mullins said, "There's evidence of a struggle. Items were thrown everywhere including a broken chair."

That fight led to gunfire and according the police, Perkins shot Chandler at least once in the chest.

A friend took Chandler to Good Samaritan Hospital, where he was later transferred to Miami Valley.

Chandler is expected to recover from his injuries. He's charged with aggravated burglary. Perkins likely won't face charges because police believe he acted in self-defense.