No charges will be filed in the deadly shooting of a man at Castle Point Apartments back in July.
The St. Joseph County Prosecutor’s Office has ruled the death of Titus Ellington as justifiable homicide.
Police were sent to the apartment complex after a call about a home invasion.
According to their report, Ellington appeared to have forced his way into an apartment and attacked the woman who then shot him in self-defense.
Authorities say the the two had been in a previous relationship.
The following is the full report from the St. Joseph County Prosecutor’s Office:
St. Joseph County – The St. Joseph County Metro Homicide Unit has completed its investigation into the July 27, 2018, shooting death of Titus Alexander
Ellington in the 18000 block of Cleveland Road, South Bend (Castle Point Apartments).
After reviewing CMHU’s investigation into this incident, the Prosecutor’s Office has
determined that the shooting of Titus Ellington constituted a justifiable homicide under
I.C. 35-41-3-2(c). As such, no criminal charges will be filed in connection with his death.
On July 27, 2018, at approximately 8:00 pm, St. Joseph County Police Department
Officers were dispatched to Castle Point Apartments in reference to home invasion. The caller stated that a person had been shot as a result of this home invasion.
When officers arrived, they found Mr. Ellington, age 27, lying in the apartment suffering
from a gunshot wound to the abdomen. He was rushed to the hospital where he was later
pronounced deceased.
The St. Joseph County Metro Homicide Unit was activated, per protocol, to handle the investigation.
As stated above, Mr. Ellington was found inside of the apartment. Additionally, investigators found that the door to the apartment was splintered and debris from the door was strewn about.
Investigators also interviewed a number of witnesses, including the resident of the
apartment. The resident advised officers that she and Mr. Ellington had a previous
relationship which had ended. She further stated that she had advised Mr. Ellington that
he was no longer welcome at the apartment and placed his remaining personal property in
the trunk of a car. She advised us that when Mr. Ellington called her, she told him that his
property was in the car and that he was not welcome in the apartment.
The resident advised us that a short time later, Mr. Ellington came over to the apartment
and demanded entry. She refused him, reminding Mr. Ellington that his property was in
the car and accessible to him without approaching the apartment. Fearing for her safety,
she retrieved her handgun. Mr. Ellington then broke the door and came toward her. He
then began striking her. She stated that she then shot him, defending herself.
Phone records confirmed that Mr. Ellington called the resident just before the shooting.
After an autopsy conducted on July 28, 2018, a forensic pathologist determined Titus
Ellington’s cause of death to be a single gunshot wound to the abdomen and the manner of
his death to be a homicide. Homicide is defined as “death at the hands of another;”
however, it does not determine whether that homicide was justified. The witnesses and
physical, digital and forensic evidence establish that the situation that led to the shooting
was brought about by Mr. Ellington, and his death was a direct result of those actions.
I.C. 35-41-3-2(c) specifically states “A person is justified in using reasonable force against
any other person to protect the person or a third person from what the person reasonably
believes to be the imminent use of unlawful force. However, a person: (1) is justified in
using deadly force; and (2) does not have a duty to retreat; if the person reasonably
believes that the force is necessary to prevent serious bodily injury to the person or a third
person or the commission of a forcible felony. No person in this state shall be placed in
legal jeopardy of any kind whatsoever for protecting the person or a third person by
reasonable means necessary.” Indiana law further delineates that an individual is “(1)
justified in using reasonable force, including deadly force, against any other person; and
(2) 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” (I.C. 35-41-3-2(d)). The State must disprove this self-defense and
defense of others, beyond a reasonable doubt.
Therefore, based upon the law and these facts, the State cannot disprove self-defense
beyond a reasonable doubt. Therefore, no charges will be filed in the death of Titus
Ellington.
Since the other party is not being charged with a crime, that party’s identity is not being
released by our office. The investigation regarding the death of Titus Ellington is concluded.
