Kentucky man who shot intruder won't face charges due to state castle doctrine

A Kentucky man who shot and killed a home intruder this week will not face charges, police say.

The shooting happened early Tuesday morning. Police received a call about a burglary in process with shots fired around 1:30 a.m. When officers arrived at the scene, they found a man lying on the ground outside the home with a gunshot wound to the chest, River City News reports.

The wounded man was identified as 43-year-old Joshua Kersey. He was transported to the University of Cincinnati Medical Center, where he died of his wounds. Police said that Kersey was armed with guns.

Kersey and two accomplices entered the home of 54-year-old Floyd Gillie Sr. armed, dressed in dark clothing, and wearing ski masks. They demanded to know the whereabouts of a person who hasn't lived at the residence for years and threatened Gillie and his wife with their firearms.

Hearing the invasion, Gillie's son Floyd Gillie Jr., 24, retrieved a handgun from an upstairs bedroom and shot Kersey as the intruders advanced towards his bedroom. All three suspects fled the house, but Kersey collapsed outside. Police are searching for the two other suspects.

Kenton County Commonwealth's Attorney Rob Sanders said Gillie Jr. will not face charges, citing Kentucky’s “Castle Law Doctrine.”

“Mr. Gillie was justifiably in fear for his safety and the safety of his parents,” Sanders said. “So he was entitled to use deadly force in defense of their home.”

“This wasn’t a close call, it was clearly justified,” he added.

Rep. Thomas Massie, R-Ky., tweeted the story, saying home invaders "should think twice."

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