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    News
     By  Kellie Singleton Published 
    5:33 pm Friday, November 4, 2011

    Dispute leaves one dead

    RED BAY – An altercation in Red Bay Thursday evening resulted in the fatal shooting of one of the men involved, officials said.

    According to police, David Andrasik, 42, of Franklin 11 North in Red Bay, died about 6 p.m. at Red Bay Hospital from a single gunshot to the chest.

    Red Bay Police Chief Janna Jackson said the death appears to be the result of an altercation between Andrasik and another Red Bay man.

    According to reports, the RBPD received a call at 5:30 p.m. to a residence at the corner of 10th Street East and Hester Avenue where the altercation had taken place.

    “Through witness statements and other information, the investigation revealed that Mr. Andrasik had apparently stopped in the roadway when a dog he apparently thought belonged to the homeowner ran out in front of the his car,” Jackson said. “At that point Mr. Andrasik stopped his vehicle and began to confront the homeowner’s son. Mr. Andrasik was reportedly making threatening advances and was on the homeowner’s property at the time.

    “The homeowner came outside and has stated he was in fear for himself and for his 17-year-old son and told the victim several times to leave his property.”

    Jackson said Andrasik had advanced well into the homeowner’s backyard before the fatal shot was ultimately fired.

    “The homeowner in this case claims he only acted out of self-defense,” Jackson said. “We still have witness statements and other information to gather before our investigation is complete and we can determine whether or not to make an arrest.”

    Franklin County District Attorney Joey Rushing said in similar cases, the information is usually presented before the grand jury who will then determine if enough information is available to make an arrest.

    “In cases we have encountered in the past where a confrontation on someone’s private property has resulted in the serious injury or death of the other person involved, the investigators will often times recommend that the grand jury make the determination as to whether someone should be held criminally responsible,” Rushing said.

    “The investigation is still open and until all the facts are obtained, there won’t be a determination on if an arrest will be made or if the case will go before the grand jury. That decision will be made when the investigation is complete.”

    Rushing said cases where self defense claims are made can be tricky and investigators are being sure to look into every aspect of the incident before moving forward.

    “Anytime a confrontation occurs on the property of the shooter, self defense becomes an issue,” Rushing said. “Law enforcement officials are currently investigating who initiated the incident, where exactly it took place and if it was indeed in the middle of the shooter’s property, and the actions of those involved.

    “All these factors will help determine if the shooting was justified or whether the shooting should result in criminal charges.”

    The Alabama Bureau of Investigation is assisting the RBPD on this case.

     

     

     

     

     

     

     

     

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