84-year-old Cincinnati man uses gun to defend himself during home invasion

The Cincinnati Enquirer is reporting that an 84-year-old man shot and killed an intruder at his home Tuesday morning.

From the article:

Officers discovered the body after they were summoned to the residence about 10 a.m. when the homeowner called 911, said Officer Kristy Collins, spokeswoman for Hamilton police.

Ed T. Stevens, 75, of Hamilton was found dead in the home's basement. Police said Stevens forced his way into the house past Charles V. Foster. Once inside, Stevens assaulted Foster. who then shot Stevens to stop the assault, police said. Stevens' family told police that Stevens has a history of suffering from dementia and Alzheimer's.

Foster reported he had a dead man his basement, according to the incident's call to authorities.

"I shot him," Foster told a dispatcher.

Sgt. Michael Waldeck said there some of Stevens' relatives lived on the street and the family thought Stevens might have gotten confused and went to the wrong house.

Police said no charges have been filed and authorities continue to investigate. Waldeck said Foster and Stevens did not know each other.

"It's a tragic situation on both sides," Waldeck is quoted as saying. "On the one hand, the dementia or Alzheimer's (may have) played a part in this. ... And then on the other side of this you got an elderly man that doesn't know this guy comes into his house (and) starts assaulting him. And so he doesn't know what else to do."

Waldeck said Stevens pulled into Foster's driveway and apparently ran his car into the garage door. Foster was sitting in the house and heard something like a loud sound, Waldeck said.

Police said Stevens opened up the screen door and Foster opened up the inside door. Stevens assaulted Foster and kicked a cat, according to Waldeck. He said Stevens went downstairs and damaged some property. That's when Foster got his gun and went downstairs.

Waldeck said Stevens started swinging a board at Foster with a nail or a screw protruding from it. Foster was injured on both of his hands. Then Foster shot Stevens. The firearm was a pistol, Waldeck said. Paramedics treated Foster at the scene.

Foster told the dispatcher he shot the man "because he broke into my house."

"Send the (darn) police down here," Foster said.

Waldeck told The Enquirer it appeared to be a case of self defense.

Under Ohio's Castle Doctrine law, if someone unlawfully enters an occupied home or temporary habitation, or occupied car, citizens have an initial presumption that they may act in self defense, and will not be second-guessed by the State.