No charges in fatal New Albany shooting
Apr. 23—NEW ALBANY — Floyd County prosecutors say a woman who fatally shot her boyfriend at a New Albany home Sunday was acting in self-defense and no charges will be filed.
Emergency crews responded to the 300 block of Erni Avenue around 9 p.m. on a report of a shooting. They found 42-year-old John Anthony Robertson with multiple gunshot wounds. He was taken to the hospital where he died.
A woman at the home, later determined to have fired the shots as Robertson assaulted her, her daughter and Robertson's son, was taken to the hospital with injuries but is recovering.
"In this particular instance after reviewing the evidence, we're announcing that no charges will be filed," Floyd County Prosecutor Chris Lane said Friday during a news conference. "In this case we believe [the woman] acted appropriately and in defense of herself and others, specifically her family."
Through witness statements and evidence, including video, police were able to determine that a fight involving Robertson, the woman, and the two others had preceded the shooting, Floyd County Chief Deputy Prosecutor Evan Bardach said during the news conference.
Bardach said the fight began when Robertson, who was reportedly intoxicated, got into an argument with his son and punched him in the face. As the woman was trying to break up the fight, which also included her daughter, Robertson is said to have assaulted them both, including biting the woman's face "to the point that [she] had to be treated at the hospital and is fortunate not to have a substantial portion of her cheek completely removed by that bite," Bardach said.
The fight moved outside, and the woman was able to grab the gun Robertson had in his waistband and fire, hitting him in the lower torso and groin area with three of the four shots fired "all while he is continuing to be the aggressor in the fight continuing to try to bite and strike" the woman and children, Bardach said.
"Unfortunately she was left with no choice but to retaliate with those three shots to Mr. Robertson."
Lane said domestic violence situations are unfortunately all too common.
"This is a tragedy, there's just no other way to say it," he said. "It's a reminder...that domestic violence is real.
"We want to encourage those who are caught in those situations to seek help. We do not want to see this happen again."
