No charges for man who killed neighbour trying to drown babies
A man who shot and killed his neighbour will not be charged because he was trying to stop the man from drowning two children.
Fox 43 reports David Cash Freeman would not be charged for shooting and killing Leland Foster after the Pontotoc County District Court Attorney ruled the shooting was a “justifiable use of deadly force under Oklahoma Law”.
Oklahoma law allows what is known as “justifiable homicide” defined as "the lawful defence of such person or of another, when the person using force reasonably believes such force is necessary to prevent death or great bodily harm to himself or herself or another".
Last month, David Cash Freeman rushed to a neighbour’s home in Ada, Oklahoma after a 12-year-old girl ran to his house for help.
When he arrived at the girl’s home, investigators said he found Leland Foster attempting to drown his three-month-old twins in a bathtub while holding a knife and threatening the mother.
That’s when Freeman shot and killed Foster.
The district attorney’s office said Freeman shot Foster three times.
“Mr Freeman reported that even after firing two shots, he still considered the decedent to be a threat observing him to [be] armed with the knife and responding to the cries of the mother to help her because she felt the children were going to die,” the statement reads.
“And viewing the decedent's evil intent expressed in his facial expression, he felt compelled to fire the third shot to attempt to get past this violent man to render aid and prevent the man from getting back up to harm anyone anymore."
According to an investigative report the mother said Freeman saved their lives.
After the shooting, Freeman told KFOR when he saw what was happening in the bathroom he did what he had to do to save the babies.
However, he added he was concerned he was in trouble.
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Police questioned and released Freeman, but the district attorney was tasked with determining if the shooting was a criminal act.
During the investigation some residents called Freeman a hero.
"They better not file charges on that guy," said Kathy Hart.
"Because, he protected two innocent babies that couldn't protect themselves. How can he be guilty of anything? He's a hero. He should not be in trouble."
