Mishawaka, Indiana

From South Bend’s WNDU.com of February 16, 2005

Homicide justified according to police

An intruder was shot and killed Wednesday morning by the 84-year-old homeowner.

Over the past several years, the home of Bob Birtwhistle has been broken-into before. The intruder was never caught but on Wednesday, Birtwhistle says he took care of the problem himself.

"And I hear that dude just a raisin' hell trying to get in here, and I got this pretty dang well protected," said Birtwhistle.

Having his house on Third Street in Mishawaka broken into before and been beaten, Bob grabbed his gun when he heard the intruder.

"I fired that shot to let him know I was armed and it didn't make a bit of difference, he still kept coming in," explained Birtwhistle.

Birtwhistle fired again but 40-year-old James Rosebush kept coming, and wrestled the elderly man to the floor.

"My gun was in my hand, down in under. He grabbed that gun out of my hand and was trying to get it in position to shoot me. And, I was ready to give up. But before he could do that, he just relaxed," said Birtwhistle.

Investigators with the St. Joseph County Metro Homicide Unit and the County Prosecutor's Office say the shooting was justified.

"He just didn't want to get hurt anymore. He'd been beaten up several times and he just got tired of it," said Daniel Keiling.

After being beaten and robbed several times before, the senior citizen, who doesn't like guns, took care of himself.

"I done what I had to do, that's all. And I don't feel guilty about it, spiritually."

Birtwhistle says what happened early Wednesday morning was, "the hardest thing he's done in his life," but the retired electrician says he doesn't feel guilty about defending himself.