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Callaway County prosecutor won’t file charges in November deadly shooting

Fulton deadly shooting
ABC 17 News
The 600 block of Jefferson Street in Fulton.

FULTON, Mo. (KMIZ)

Callaway County Prosecuting Attorney said Thursday he won't pursue charges in a November deadly shooting.

Wilson said a resident acted in self-defense after 23-year-old Thomas Payne entered a residence on the 600 block of Jefferson Street Nov. 30.

According to the release from prosecutor Christopher Wilson, Payne entered the home around 3 a.m. after he had been heavily intoxicated. The resident told authorities he shot Payne after he refused to leave the home.

The shooting investigation shows a bar patron called his girlfriend to give Payne a ride home that night. Documents show Payne got out of the vehicle during the ride, he was later seen near the residence where the shooting happened.

The woman asked Payne to get in the vehicle, but he refused. Investigators say he could have mistaken the home for his own, which is similar to the one where the shooting happened.

A man was watching TV when Payne tried to enter the residence. The man told investigators he heard the front door rattling, he then armed himself with a rifle. Payne finally made his way into the house, the resident told authorities he repeatedly asked Payne to leave.

The prosecuting attorney's release says the resident shot Payne once in the chest after he refused to leave the house. The man then called 911 to report the shooting.

Wilson said the resident feared for his safety.

"In light of these facts, it is clear to me that (the resident) was acting lawfully in his use of deadly force," Wilson said.

Article Topic Follows: Fulton
deadly shooting
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Matt Ragsdale

Matt Ragsdale is a broadcast and digital producer at ABC 17 News.

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