A Fulton resident involved in a fatal shooting in November acted within the law at the time of the incident and will not face criminal charges, Callaway County Prosecutor Chris Wilson announced Thursday.
Thomas Payne, 23, of Fulton, suffered a single gunshot wound to the upper torso Nov. 30. Police reported Payne had entered a residence on the 600 block of Jefferson Street and was shot by the resident.
The resident then called 911 to report the incident.
Officers and paramedics performed immediate life-saving efforts on Payne, but he later died at an area hospital.
Wilson said his conclusions were based on eyewitness accounts, body camera footage, videos of the crime scene, and interviews with friends of Payne.
In a letter to Fulton Police Chief Steve Myers, Wilson said he had talked with servers at two local bars Payne had gone to prior to the shooting and found he was "highly intoxicated when he entered the home on Nov. 30."
Two witnesses told authorities they had tried to get Payne home safely and found him in the area of Jefferson Street where the shooting took place. The witnesses said they had tried to get Payne to get into their vehicle, but he wouldn't. They also said Payne had seemed to recognize the residence where the shooting occurred but was confusing it with his own residence. They tried to get him not to go to the home, but he persisted and repeatedly tried to enter it.
The resident said he was in his living room watching TV around 3 a.m. when he heard the front door begin to rattle and realized someone was trying to get in. The resident said he got his rifle from his bedroom, went to the door and confronted Payne.
Wilson noted the resident did not know Payne or invite him into the house and that the resident repeatedly told Payne to leave while the resident was armed with a rifle, aimed at Payne, and only fired when he believed Payne intended to harm him or his aunt, who was sleeping in a nearby bedroom.
"In light of these facts, it is clear to me that the resident was acting lawfully in his use of deadly force while acting in self defense," Wilson wrote.