(MINERAL) - Greene County Prosecutor Jarrod Holtsclaw says no charges will be filed against Tenna Foster, who shot and killed James Austin June 24 in a Bloomfield home.
Holtsclaw says Foster acted in self defense when she shot 33-year-old James Austin in the stomach in their home.
The Greene County Daily World reports, deputies were called to the home of Austin and Foster near Mineral, located southeast of Bloomfield, on the afternoon of June 24 in response to a 911 call placed by Foster at approximately 5:30 p.m.
Foster told a dispatcher that she had shot Austin and he needed an ambulance. She was attempting to resuscitate Austin while she was speaking to dispatch. Austin died at the scene from a single gunshot to the stomach.
According to police Foster cooperated with police.
Holtsclaw says the evidence showed that Foster and Austin had been in an argument earlier and when Foster returned from work the argument became physical and Austin hit Foster in the head at least on two occasions causing her right eye to swell and bruise and caused an abrasion down her jaw line.
Foster told police she tried to get Austin to stop and to leave, but instead he came at her a third time and that is when Foster grabbed a handgun and fired a shot through the ceiling trying to scare him.
Austin continued to come toward Foster in the hallway of their home and she fired a second shot hitting Foster.
Foster then called 911 and began to administer first aid to Austin, but she was unable to save him.
Holtsclaw says the couple had been in a relationship for about nine years. The couple had a history of domestic violence including Austin fracturing Fosters ribs.
Holtsclaw says under Indiana Code 35-41-3-2, a person is justified in using deadly force and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent serious bodily injury or death or the commission of a forcible felony. So Foster was justified under law in the shooting of Austin in order to protect herself from harm while in her own home.
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