JUDGE: Isaiah Howes can't be prosecuted - WDRB 41 Louisville News

JUDGE: Isaiah Howes can't be prosecuted

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LOUISVILLE, KY. (WDRB Fox 41) -- A Jefferson County Circuit Court judge has granted immunity to a former U of L baseball player accused of shooting a former football player to death.

Click HERE to view the ruling.

Late Friday afternoon, Fox 41 News learned that the Commonwealth Attorney's Office will not be able to present charges against Isaiah Howes to a grand jury.

The reason? It all stems from legislation that protects Kentucky citizens.

Last week, Howes' attorney filed a motion stating that his client is protected from prosecution by a Kentucky law that lets people use deadly force against anyone trying to get into their house or occupied vehicle.

The Commonwealth Attorney's Office concluded Covington illegally entered Howes' vehicle and was punching him and a passenger repeatedly when Howes shot him.

"The Court finds that Covington's physical conduct of leaning into the open passenger window of the black SUV with his arm and body and assaulting both occupants is sufficient to trigger Howes' statutory right to use defensive force under KRS 503.055," the ruling states.

Click HERE to view the KRS 503.055.

That law states that an individual is justified in using deadly force when, "the person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered into a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle and the person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred."

 

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