Covington, Kentucky

From the Cincinnati Enquirer of March 20, 2007

Homeowner fatally shoots intruder

Covington police are investigating an early morning shooting in which a homeowner shot and killed an intruder.

Jerry Setzer, 44, a 12-year resident of the home at 329 Delmar Street, shot the intruder about 3:30 a.m., police said.

Police have not yet named the intruder, a white male, pending notification of his family.

He was taken to St. Elizabeth Medical Center South, where he was pronounced dead from the wounds.

The Kenton Commonwealth Attorney's Office is assisting in the investigation.

The Kentucky General Assembly passed a bill last year that permits Kentuckians to use deadly force if they believe themselves to be threatened with death or serious bodily harm inside their homes. Gov. Ernie Fletcher signed the measure into law on April 21, 2006.

From the Cincinnati Enquirer of March 21, 2007

Charges unlikely in intruder case

A man who shot and killed a home intruder early Tuesday probably will not be charged with a crime, according to Kenton Commonwealth's Attorney Rob Sanders.

Jerry Setser, 44, fatally shot Edward T. Cwiakala after the man unlawfully entered Setser's home around 3:30 a.m., according to Covington police.

"While the investigation is ongoing, right now it does not appear that he will be charged in connection with the shooting," Sanders said. "Our preliminary indication is that it is a self-defense case.