Deadly nightclub shooting by security guard ruled ‘justifiable homicide,’ no charges filed
SOUTH BEND IN Dec 9 2017 — The St. Joseph County Prosecutor’s Office has ruled a deadly shooting at an area nightclub a “justifiable homicide” and charges will not be filed.
On Nov. 25, police were dispatched to Enigma Ballroom and Club at 1024 W. Indiana Ave., for reports of a shooting. Tolies Word, Jr., 35, was pronounced dead at the scene and Brandon McKinney, 32, sustained non-life-threatening injuries.
The St. Joseph County Metro Homicide investigation discovered Word was shot by a security guard at the club, according to a news release. Multiple witnesses were interviewed and a cell phone video taken by a bystander was reviewed.
It was discovered that an argument started inside the club between Word’s wife and McKinney’s girlfriend. The argument escalated and security escorted the women outside. A security guard, who was not an off-duty police officer, remained in the foyer of the club.
During the argument, Word was contacted and came to the club, according to the news release. Word was told that McKinney struck his wife, which led Word to confront McKinney. During their argument, Word pulled a gun from his coat pocket. McKinney was unarmed.
McKinney attempted to flee into the foyer of the club as Word discharged his handgun. The security guard inside the foyer heard the shot and saw Word with a gun chasing McKinney. The security guard then drew his own weapon and discharged his firearm killing Word.
A gunshot from Word injured McKinney.
A person is justified in using reasonable force against any other person to protect from what the person reasonably believes to be the imminent use of unlawful force, according sate law. A person is justified in using deadly force, and does not have a duty to retreat, if the person reasonably believes that the force is necessary to prevent seriously bodily injury.
The security guard did not have a license to carry a handgun, though, and was charged with carrying a handgun without a license, a Class A Misdemeanor.
“The evidence is clear that the security guard killed Tolies Word. However, based upon the witness statements, the forensic evidence and the video of the incident, the evidence is also clear that the security guard’s belief that deadly force was necessary to prevent serious bodily injury to another was reasonable under the circumstances,” according to the news release. “The fact that he did not have a license to carry a handgun has no legal effect on whether subsequent actions with that weapon were justifiable.”
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