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Updated: 4:13 PM Feb 20, 2008
Intruder Shot To Death After Breaking Into Home
An ongoing domestic dispute took a turn for the worst Saturday night.Thirty-eight-year-old Jimmy Proctor of Headland went to his ex-girlfriend's house on Lookout Lane in Kinsey.
Posted: 6:19 PM Feb 18, 2008Reporter: Rhiana Huckins Email Address: rhiana@wtvy.com |
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An ongoing domestic dispute took a turn for the worst Saturday night.
Thirty-eight-year-old Jimmy Proctor of Headland went to his ex-girlfriend's house on Lookout Lane in Kinsey after making several phone calls to the residence.
"Statements made from the ex-girlfriend of Mr. Proctor were that there have been domestic issues, phone calls, jealousy issues,” explains Captain Antonio Gonzalez, with the Houston County Sheriff’s Department.
Authorities say Proctor entered Leslie Simmons home by force and threatened her, her children and current boyfriend, Mikal Frederickson
"Mr. Frederickson was in the bathroom of the master bedroom and was cornered in there with no other way to avoid any confrontation or conflict with Mr. Proctor,” says Capt. Gonzalez.
Shortly after, deputies say Proctor charged at Frederickson, and Frederickson shot him several times, killing him.
Authorities say this incident is considered second degree burglary. Proctor may not have entered the home with intent to steal anything, but it was still an unwanted, forceful entry.
"When he makes his threats to do harm to somebody, you can say home invasion, but it’s a burglary, and the actions that occurred after that,” Capt. Gonzalez says.
Frederickson will not have any charges filed against him because he was acting within the boundaries of the castle law.
“You do not have to retreat, you don't have to run out the back door in your home, you can use deadly force and its a crime that’s preventable, just don't go and break into people's home,” says District Attorney Donald Valeska.
Frederickson is not living in the home, but was an invited guest, and in that case, the Castle Law still applies.
The investigation is ongoing by the Houston County's Sheriff's Department.
As of now, it does not appear that drugs or alcohol played a role in the incident, but that will be determined by forensics.
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