From the Terre Haute Tribune-Star of February 5, 2004
Suspect not charged in fatal shooting
A suspect in a fatal shooting Jan. 3 will not be charged with a crime because evidence suggests he acted in self-defense, the Vigo County prosecutor said Wednesday.
Suspect Andrew Totten, 39, apparently was struck in the head with a 32-ounce beer bottle before pulling a handgun out from under a mattress before the shooting, Prosecutor Bob Wright said.
Niel Walker, 32, died in Union Hospital of a gunshot wound to the abdomen as a result of the incident in a home in the 300 block of South 13 1/2 Street. Some witnesses have suggested Walker began the fight and that he and Totten struggled over the gun before it fired, Wright said.
As a result of the fight, Totten spent at least a week in a Terre Haute hospital being treated for a head injury and broken jaw.
Totten had told police he acted in self-defense. He was never arrested or jailed.
"You've got the right to use deadly force if you're in fear for bodily harm or your life," Wright said, explaining his decision not to file charges.
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