EUBANK, Ky. (WKYT) - David and Nancy Kilby of Ky. 70 say they shot a man they clearly believed was not just trying to steal from them, he was also trying to harm them.
Nancy Kilby called for help when she said a man was caught rummaging through tractor trailers on her property.
“Yes we have a trespasser. He’s coming after us. We need the police up here immediately,” she is heard telling a 911 dispatcher in tapes obtained by WKYT.
Police say the alleged trespasser is Christopher Foster who told them he pulled into the Kilby’s driveway because his girlfriend was car sick. Foster also claims they had car trouble.
“Your dog bit me, dude!” the man is heard on the tape.
“Get out of here! Why are you in our driveway?” Nancy Kilby is heard saying.
“Pulled over here because our car is overheating,” he said.
Nancy Kilby claims the intruder shoved her husband to the ground during the confrontation.
And that’s when she says both she and her husband fired warning shots. Then they shot him.
“Where’s he been shot at?” the dispatcher asks.
“Um, the leg. If he comes any closer it’s going to be his head,” Kilby is heard on the tape.
“I didn’t even think I had hit him because he didn’t even flinch,” Kilby told WKYT during our interview Thursday.
Kilby says the man never limped away after being shot. He told her he only wanted to use the phone…but she questions why he was going through their property and then confronted her and her husband.
“I did what anyone with any brain cells would do,” said Kilby, defending their actions.
Police tell us a grand jury could be called up on to iron all of this out. Christopher Foster could not be reached for comment.