A Kent County Prosecutor in Michigan says veteran Jamie Fredericks was justified in an Aug. 12 shooting that left one man dead.

Prosecutor Chris Becker confirmed the Kent County Prosecutor’s Office has decided not to charge Fredericks in the shooting death of Robert Morgan. The office ruled it a justified shooting.

The shooting happened around 1:30 a.m., on Aug. 12. According to Michigan Live, Morgan had been drinking in a nearby vacant lot with friends. He had also been providing rides in his very loud Jeep, revving the engine and spinning rocks along the dirt road near the Frederick’s Grattan Township home.

Shortly before the incident, Macy Fredericks walked to the lot and asked the group to settle down, particularly with the jeep. According to her statement to police, Morgan became combative and abusive, calling her names and making threats. She also claims that as she left, Morgan said he was going to follow her.

However, about five minutes later, as she sat on her porch, Morgan drove his Jeep onto her front yard. If fact, Morgan’s nephew, Jacob Vanenk, claimed his uncle was extremely agitated during the drive, saying he planned to “whoop some ass.”

Jamie Fredericks Takes Action

When Morgan allegedly started screaming at her, Macy woke her husband. It was at that point, Fredericks, a veteran with a concealed carry permit, told police, that he went inside to retrieve his .40-caliber handgun. As he stepped back out, Fredericks told the people to leave, claiming he had called police.

Cell phone video (shown above) shows Fredericks pointing the gun at the people in his yard. However, the video ends before the shot. Witnesses claim that Morgan called Fredericks a name before rushing forward. The pair fell backwards, which is when Fredericks struck Morgan. Then, the gun fired, hitting Morgan in the stomach. In the investigation, police found both blood and a cartridge case inside the home.

After the shot, Fredericks aided Morgan. While he was still in shock over the incident, Fredericks told investigators that he had nowhere to retreat during the attack. Fredericks had children, along with other family members, asleep inside the home. Regardless, Becker says he had no duty to retreat.

“Under the law, he would not be required to retreat even if he was simply on his porch, but now they are in his living room,” Becker said in a release. “Under the law he is justified in using deadly force at this time. He is in his home, he has been attacked, he does have a right to defend himself and his family when the attack takes him inside his home.”

Toxicology reports showed that Morgan’s blood alcohol was .12 percent, which likely fueled the tragedy.

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