NKyTribune staff
A man who shot and killed an intruder in Covington early Tuesday morning will not be charged.
In a joint statement issued Tuesday, Covington Police and Kenton County Commonwealth’s Attorney Rob Sanders say Floyd Gillie Jr., 24, was in fear for his safety and the safety of his parents when he shot and killed Joshua Kersey, 43, of Cincinnati.
Sanders said self-defense was justification enough for Kersey to use deadly force.
He also cited Kentucky’s Castle Doctrine, which allows a person to use deadly force if he or she is in fear for his or her life when defending the home.
Police say Kersey and two other armed men entered the home looking for someone who no longer lived there.
The intruders threatened Floyd Gillie, Sr., 54, and his wife, Darlene Gillie, 48. They were believed to be headed toward Gillie, Jr.’s bedroom when he emerged with a handgun and shot Kersey. The other two men fled and are still at large.
It is not the first time in recent years that the Castle Doctrine has been used to justify a home invasion shooting in the region.
In February, 2016, Police say Charlene Dietz shot Michael Miller and Jonathan Lovell, both of Covington, after they entered a residence at 2531 Warren Street residence illegally. Miller was reportedly attempting to return to home to retrieve some possessions after he was legally evicted from the residence.
In September 2012, 92-year-old Earl Jones of Verona shot and killed a man who was attempting to enter his home and rob him in the middle of the night. Citing the Castle Doctrine, prosecutors also declined to charge Jones. Jones gained national attention and was viewed as a hero by many for defending his home, despite his age.
Covington Police and the Kenton County Commonwealth’s Attorney issued the following statement regarding the incident:
On November 27, 2018, at approximately 0134 hours, Covington Police were called to 307 West 7th Street for a reported burglary in progress with shots fired.
Responding officers located a white/male, unresponsive, on the ground just outside the residence, suffering from a gunshot wound to the chest.
The subject was transported to University of Cincinnati Medical Center by Covington Fire Department where he was pronounced deceased. At the time of his death, the subject was armed with guns but not in possession of identification.
Subsequent investigation by Covington Police detectives positively identified the deceased as Joshua Kersey, 43, of Cincinnati.
Investigation by the Covington Police Crime Bureau indicates Kersey and two other males unlawfully entered the residence, armed with guns, dressed in dark clothing, and wearing ski masks.
The intruders used the guns to threaten the owners of the residence, Floyd Gillie, Sr., 54, and his wife, Darlene Gillie, 48, while demanding to know the location of another individual who has not lived in the residence for a number of years. Upon hearing the commotion, Floyd Gillie, Jr., 24, retrieved his own handgun from an upstairs bedroom.
Kersey is believed to have been shot while advancing upon Gillie, Jr.’s bedroom. After Kersey was wounded, all three masked men retreated from the residence. Kersey collapsed just outside the residence where he was located by responding officers.
The other two suspects fled the scene and remain at large, and unidentified. Due to the masks and dark clothing, the only descriptions of the suspects is male, each approximately six feet tall.
After consulting with detectives and reviewing their findings, Kenton County Commonwealth’s Attorney Rob Sanders has declined prosecution of any possible charges against Floyd Gillie, Jr.
“Mr. Gillie was justifiably in fear for his safety and the safety of his parents,” said Sanders, “So he was entitled to use deadly force in defense of their home.” Sanders said simple self-defense law is enough to justify Gillie’s actions but Kentucky’s adoption of the “Castle Law Doctrine” means Gillie is presumed to be in reasonable fear for his life when defending his home.
“This wasn’t a close call, it was clearly justified,” said Sanders.
Covington Police Chief Rob Nader said it is important for neighbors to know this was not a random act and the ordinarily quiet neighborhood is still safe.
“The bad guys were looking for a specific person,” said Nader, “But their information was outdated, or just plain wrong.” Nader said detectives have now set their sights on identifying Kersey’s co-conspirators. “There’s still two very dangerous men on the loose who committed a violent home invasion burglary and got Mr. Kersey killed in the process.”
Nader requested the public’s assistance in identifying the other suspects.
“Someone knows who these men are. Someone knows how they fled from the scene. Someone knows where they went to hide out. And we need that someone to come forward with the information so there is accountability for this crime,” said Nader.
Anyone with information about the home invasion or the identity of the other suspects is encouraged to call Covington Police Detective Austin Ross (859) 292-2263 or Kenton County Dispatch (859) 356-3191. Callers can remain anonymous by calling CRIMESTOPPERS at (513) 352-3040.