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Police: man kills burglar "within the law"


Evansville Police are investigating a shooting that killed an alleged burglar.

Police responded to a report of shots fired in the 1100 Block of Washington Avenue at about 4:00 a.m. Sunday.

Officers were flagged down by a pedestrian who told them a man had been shot.

A news release from the EPD says officers found 25-year-old Malcolm Tyler Payton on the ground.

He appeared to be wounded and as officers rendered first aid, they found a gun under Payton.

He was taken to a local hospital where he was pronounced dead. 

Police spoke to the homeowner of 1124 Adams Avenue, who said Payton was breaking into his home when the shooting occurred.

He said Payton was wearing a mask and had a gun as he crawled in through a bedroom window. 

Police say based on the information and physical evidence, “the actions of the homeowner appear to be within the law.” 

Police are still investigating, and they urge anyone with more information on the case to call the EPD.