By Katie Bauer email | bio
LOUISVILLE, KY (WAVE) – The case of a former University of Louisville football player gunned down by a former U of L baseball player will not go to the grand jury and no charges will ever be filed.
The case revolves around the Castle Doctrine, which allows the use of deadly force in your house or car if you fear serious harm or death. One side thinks the judge got it right, while the other says the law was misinterpreted.
"You had a fist fight in which a gun was drawn and a young man was killed. We think that information needs to go at least to a grand jury," said Steve Pence, Daniel Covington's mother's attorney.
Judge Barry Willett's ruling means the case of former U of L football player Daniel Covington's death is closed. The judge says former U of L baseball player Isaiah Howes was defending himself when he pulled the trigger, after Covington dove into his car and started attacking Howes and his brother back in September.
"The legislature said you should be safe in these places and use whatever force is necessary to make sure that you are safe," said Bart Adams, Howes' attorney.
Pence says a witness reports Covington was backing away and standing up when he was shot.
"The judge's rule actually says that if someone gets in your car even if you aren't in fear, you can shoot them, if they are in your car without your permission, we don't think the law says that," said Pence.
Other witness reports say Covington was reacting to racial slurs.
"It's very unfortunate that Isaiah's brother did that and said whatever he said, but it didn't give Mr. Covington the right to do what he did and enter the cab of that vehicle and start slugging the both of them," said Adams.
The ruling doesn't just mean no charges will be filed, it also grants Howes immunity. The Commonwealth's Attorney's Office says it will not appeal this ruling, because it does not argue with the findings and sees no reason to appeal.
(Copyright 2011 WAVE News. All rights reserved.)
Steve Pence
Bart Adams
All content © Copyright 2000 - 2012 WorldNow and WAVE, a Raycom Media Station. 