WAVE 3 TV Louisville, KY | Break-in suspect charged with murder after accomplice is shot by homeowner

Break-in suspect charged with murder after accomplice is shot by homeowner

By Scott Reynolds - bio | email
Posted by Charles Gazaway - email

LOUISVILLE, KY (WAVE) - A fatal shooting over the weekend in Louisville has resulted in a murder charge that may be unlike any you have seen in Kentucky. Police say the homeowner who pulled the trigger acted in self-defense and is not being charged. Instead, one of three suspects who broke in is now facing the murder charge.

Children played in the 1700 block of West Oak Street Sunday in front of a home where Louisville Metro Police investigated the shooting death of James Wood, Senior. Police say Wood and his two sons broke into the home. The homeowner fatally shot the father, but now one of the sons that faces a murder rap.

"In a situation where individuals are involved in a felonious act of some type and an individual is murdered or killed, they can also be charged with that murder," said Lt. Barry Wilkerson, commander of the LMPD Homicide unit.

A Kentucky Supreme Court ruling allows the murder charge because the break-in led to the shooting death, even if the suspects did not pull the trigger.

"I haven't had one of these in over 33 years of doing this, but it doesn't mean it doesn't happen," said Thomas Clay, a local defense attorney.

Clay said the fact the suspects had duct tape and wire with them only fortifies the murder charge.

"Certainly those tools are indicative of an intent to do more than perhaps just rob this person, maybe to assault him, shoot him or even kill him and that makes the case much worse from the defense perspective," said Clay.

James Wood, Junior faces a murder charge while his brother, Jerrell Woods, is still on the run. Junior is not giving police any clues.

"He did not give us the whereabouts of Jerrell, but did cooperate some and give us some information on how the events transpired that day," Wilkerson said.

Jerrell Woods could end up facing a wanton murder charge as well. It is a charge according to Clay may not be reduced in a plea deal.

"It could stick. A wanton murder charge could stick, without question, depending on the facts," Clay said. 

Jerrell Woods remains on the run. Police ask anyone with information to call the LMPD Crime Tip Line at 574-LMPD. All calls to the Crime Tip Line are anonymous.