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Read comments (27)Greene County Prosecutor Jarrod Holtsclaw has announced that no criminal charges will be filed in connection with a shooting death that happened last Saturday morning near Linton.
He determined the shooting was justified.
Law enforcement officers from the Indiana State Police, Greene County Sheriff's Department, Linton Police Department and Jasonville Police Department responded to the Michael R. Gallagher II residence south of Linton on the morning of June 28 in response to a series of 911 calls placed by Gallagher beginning at 5:49 a.m.
Gallagher had stated to the sheriff's department dispatch that a man -- Jarrett Edward "J.J." Nicholson had come inside his residence without permission and refused to leave when asked. Gallagher also stated that Nicholson was threatening to beat and kill him and that the Nicholson then began to beat him.
Gallagher then stated that he shot the 26-year-old Nicholson and that he was transported to the hospital by Paul Roby on a scooter.
Nicholson was pronounced dead at the hospital and an autopsy conducted by Dr. Roland Kohr at Terre Haute Regional Hospital later in the day on Saturday determined that the cause of death was from a single gunshot wound to the chest.
Holtsclaw said in a prepared news release as a part of the investigation detectives from the Indiana State Police interviewed Gallagher, Roby and several other individuals who were with either Gallagher or Nicholson during the evening of June 27th or early morning hours of June 28.
A Crime Scene Technician from the Indiana State Police processed the scene of the shooting inside the Gallagher residence and seized evidence related to the shooting. The Greene County Sheriff's Department provided copies of the 911 calls made by Gallagher and Roby to investigators and this office for review.
"Based upon the investigation conducted by the Indiana State Police, in cooperation with the agencies listed above, no criminal charges will be filed against Michael R. Gallagher II. The investigation, including Gallagher's first 911 call which was made while Nicholson was threatening Gallagher, revealed that Gallagher was acting in self-defense when he shot Jarrett Edward Nicholson inside his own home. The evidence showed that Paul Roby transported Nicholson to the Gallagher residence so that Nicholson could confront Gallagher over comments Gallagher made to Gallagher's girlfriend earlier in the evening," Holtsclaw stated."Nicholson then entered Gallagher's home without permission, refused to leave when ordered to by Gallagher, threatened to kill Gallagher and then beat Gallagher about the body and in the head causing injury. Gallagher eventually shot Nicholson while Nicholson was on top of Gallagher and punching Gallagher in the head."
According to the prosecutor, 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. Further, a person is justified in using reasonable force, including deadly force, against another person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage or occupied motor vehicle."
Holtsclaw concluded, "Therefore, based upon the facts of this particular incident, Michael R. Gallagher II was justified under Indiana Law in shooting Jarrett Edward Nicholson in order to protect himself from serious bodily injury while in his own home."
Also, the toxicology report for JJ came back negative for all drugs except alcohol. Was Gallagher tested?
I didn't bother to read all the comments that you all post as I gathered enough information from the first few postings.
We are all from the Greene County area and are aware it has a small town atmosphere so there is no justification in shooting someone you know is not robbing or hurting you and yours. The fact that Gallagher has not been prosecuted yet does not mean that he will not be prosecuted for something further down the line, there is no statute of limitations for homicide so shut your mouth. You people talk so much that you don't actually hear what you are saying. I'm assuming that all the comments regarding JJ's tragedy have been posted by females.
Nicki, my heart goes out to you, as it does Meagan, and whoever else is included in this man's family. You ladies need to stick together regardless of the small town drama because at the end of the day Linton is a place where people can go to sleep with their doors unlocked. The right to preserve one's own safety through use of a firearm only applies when the person holding a gun is a responsible member of society. There is a continuum of force which implies that you only use the level of force necessary to defend yourself from that situation. Seeing as how the deceased was unarmed then maybe some pepper spray would have been in order but no bullet to the chest. This is Linton, not Detroit. As someone who carries a firearm concealed daily for work I can honestly say that this situation could not have happened if the owner of the gun was responsible with the use of a deadly weapon. If Gallagher was even to walk through my yard, I would shoot his ass on sight and claim I felt threatened later. That's ok, right? Do unto others as you would have others do unto you. Gallagher opened the door for a hearty challenge to all firearm owners.
Roby tried the best way he knew how to get help at that time. I commend the guy for trying.
For future reference, Cecil Gallagher is still in prison and he will be there until 2023.
nicki,no one spoke the truth better than u!J.J.loved his kids more than anything in this world.He never would of hurt anyone on purpose.you and i no that,to bad every one else didnt.Thats why its so hard to understand and believe the stories people are telling.Ive known jarrett my entire life.His babies are my greatest joys in life.I dedicate the rest of my life to them and getting justice for jj.
needtoknow20
thank you for your kind words. i just wish that people would understand the facts and JJ's side. he was not a ruthless thug just showing up starting trouble with some poor innocent victim.
and yes, if JJ did recieve proper medical treatment maybe this would not have ended the way it did.
i've known JJ for a long time. he had a good heart. he loved his kids. he would have done anything to help someone. that's what i will remember about him. and every time i look at his kids, i will remember how much he loved them.
Thank You all so much for the kind words you have shown on here for my family! It's going to be a long hard road for Harleigh and Holden but with the help and support of our friends im sure this will do nothing but make them stronger.
Just say yes to capital punishment.
who made mike gallagher god?who gave him the right to take another mans life and walk free.he had no right!jarrett was not armed in anyway.so was deadly force really called for? i dont think so.what makes any of you think this is justified? maybe u need to go back and get ALL the facts.maybe u should consider listening to jarretts facts.
nicki,just take comfort in the fact that the truth will be found for harleigh,holden,lanie,and jjs unborn child.god bless u and thank u for standing by his family.they truley need all the support,and prayers they can get. no one should ever have to go through what they are. it truley is ashame
yes I imagine they could have saved his life, at least medical treatment could have been administered to at least try, that just don't make any since at all.
Was Paul Roby charged with anything??
Paul Roby took the shot guy to the hospital on a scooter?!?
-- Posted by Paul on Fri, Jul 4, 2008, at 7:52 AM
Is that true? Was he (JJ) still alive at that point? Could he have been saved if an ambulance responded? If so perhaps this is the injustice.
I am sure that law enforcement professionals went over this thing with a fine tooth comb.
GOOD JOB with the no prosecution.
God Bless the USA.
usbcbowler,
I know what you ment the first time
susiecreamcheese,
I ment the shooter.
susiecreamcheese,
I ment the bowler.
hoosier4 life,
You have no clue as to what i meant by that statement. if that were to have happened down there things would have been handled much differently thats all i meant by it! I happen to love the USA TYVM
Minerman4
We do have CAPITAL PUNISHMENT. It is the result of justice. When justice has already been served, there's no point in talking about capital punishment. That's like calling someone on the phone and when you get off the phone, you send them a letter explaining what you were talking about. Once is enough, its finished.
mother n law - This message is for you.
GET OUT!!! If you don't like the USA, Hit the road and don't come back!
It's a shame we don't live in Australia!
if you ask me we should just vote in CAPITAL PUNISHMENT!!!
Maybe then these thugs could be taken care of properly!!
USBCBowler:
It does not appear to me that this man got by with anything, he was shot and killed.
This goes to show you what you can get away with in Greene county.+
A little more investigating would probably reveal more about what actually happened. I understand there is more witnesses that was never talked to about what happened....? I only hope that justice prevails, but we will truly never know what really happened. I wonder if his aunt (Mikes aunt) that is a federal judge had any impact on this case???
Paul Roby took the shot guy to the hospital on a scooter?!?
Id like to know why no one responded to this when 911 was called several times?
I wouldn't be so quick to say that. Unless you know all the details. I do believe in self defense. But, after hearing 75 different stories from the parties envolved, there is a little more to it than that. But we will never hear the truth. No sence in arguing and pointing fingers anymore. My thoughts go out to his kids and family. What a shame.
Glad to see the criminal justice system work correctly in this incident.