The St. Joseph County Prosecutor's Office announced Friday it will not be pursuing charges against the 72-year-old man who shot and killed David Austin in April because the shooting was deemed justified....
An eyewitness, who did not know the shooter, said Austin approached the 72-year-old man in an aggressive manner even though the 72-year-old had a handgun.
The eyewitness said Austin approached the 72-year-old in a "boxer's stance." As the witness passed by the two men, he saw the shooter lower the handgun and walk backwards as Austin walked towards the man with the gun, reports said.
Seconds later the witness heard a single gunshot.
The shooter ran home and called 9-1-1, then went back to the scene and waited for police.
He told police that Austin had hit him in the head - and feared another blow would kill him, reports said.