Norfolk, Virginia

From the The Virginian-Pilot of April 20, 2007

Man will not be charged in would-be intruder's death

A man fatally shot on Harvard Street in February had been attempting to break into an apartment, and the man who fired will not be charged, Commonwealth's Attorney Jack Doyle said in a letter released Thursday.

It was about 2 a.m. Feb. 28 when Keith Foreman tried to break into a ground-floor apartment at 416 Harvard St., Doyle wrote in a letter to police, after his review of the case. He said a man and a woman were inside the apartment at the time.

One of them called out to the intruder, but he "continued in his effort to pry open the window," Doyle wrote. The man in the apartment fired a weapon, striking Foreman once.

Later that morning, Foreman's body was found nearby.

Foreman had a 1993 conviction related to a break-in at another home on Harvard Street in which a purse was stolen. He also was convicted of voluntary manslaughter in 1994, Doyle wrote in the letter. He fought with a man who died six days later of his injuries, The Pilot reported at the time.

Foreman was 6 feet tall and 308 pounds when he died. The shooter had a reasonable fear that both he and the woman in the apartment were in danger, Doyle wrote.