Police call shooting of Western H.S. student, "justifiable homic - WDRB 41 Louisville News

Police call shooting of Western H.S. student, "justifiable homicide," no charges to be filed

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LOUISVILLE, Ky. (WDRB) -- Police say no charges will be filed in connection with the death of a teenager who was shot and killed over the weekend.

Anthony Smith Jr., 18, and two of his Western High School classmates were shot on Saturday. The shootings took place on Adrienne Way, not far from the school.

There had been a three-on-two fight between a group of teens in that car, and Smith and his two classmates were shot. The 18-year-old died. His friends survive.

On Wednesday morning, Louisville Metro Police told the media that no charges would be filed in connection with his death, calling the incident, "justifiable homicide."

"The person that fired the fatal shot was in fear of imminent danger, or in fear of their own life, or another person's life, so basically, it allows that person to use deadly force for self-defense," said Lt. Todd Kessinger of the LMPD Homicide Unit.

"A justified homicide is when the evidence suggests...the person who fired the fatal shot was in fear of imminent danger or in fear of their own life," Kessinger clarified. "Basically it allows that person to use deadly force in self defense."

Police are being very tight lipped about that self-defense at the request of Smith's mother.

Smith's family cried out for answers in the days after his death, then begged friends and loved ones not to retaliate at a vigil after meeting with police.

"For me to bury him at 18 -- it's just not fair," said Elgina Smith, the 18-year-old's mother.

Detectives say they can't reveal what caused the shooting because the investigation is not closed.

"We've ruled the homicide, the death of Anthony Smith, Jr., justified, but due to the other peoples' actions and the criminal actions that may or may not be involved with that, there could be at a later time criminal charges filed," Kessinger said.

"Everybody fled from the vehicle and that's why that night when it happened, it was a complex scene because you had three different locations and you had a vehicle and you had a house," Kessinger added.

It highlights Louisville's surge in violent crime, being the seventh shooting in four days. Five of those shootings were fatal.

Justifiable homicide means a reason to kill, but Anthony Smith's family says they are disturbed that no one will be charged, and they want justice for their son.

"You destroyed a family and you took an only son away from his father," said Elgina Smith.

Just before this report ran, Smith's family gave an interview reacting to the police decision. Stay with WDRB News. We'll update this story as it develops.

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