Lexington Homeowner Not Indicted For Deadly Shooting

It stirred the debate over when deadly force should be used if a homeowner thinks someone is a threat.

In April, 36-year-old Andreas Lobsiger was shot to death at a home on Chelsea Woods Court.

Police say the homeowner, Tadarvis Gardner shot Lobsiger through his front door.

Gardner said Lobsiger was trying to kick in the door. But Lobsiger's friends and family said he had just gone to the wrong home, and meant no harm.

Police never charged Gardner, saying he had the right to defend himself under the Castle Doctrine.

The doctrine says a person can defend himself with deadly force if a threat is perceived.

Commonwealth's Attorney Ray Larson took the case to a grand jury anyway.

"We presented all the evidence to a grand jury," Larson said. "And the grand jury, after hearing all of that, determined they would not indict Mr. Gardner, for the death of Mr. Lobsiger."

27 NEWSFIRST has tried to contact the victim's family members, but we've been unable to reach them for comment.

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  • by Bill on Aug 26, 2008 at 04:53 AM
    It was wrong for the homeowner to have even been brought before the grand jury. After investigation, it was determined that the man was trying to break in the door then that is all the information needed to say that the homeowner did the correct thing. I am sorry that the man had the wrong house, but there is no way the homeowner could have known. If he had opened the door to ask and the man was trying to break in, it would have been the home owner that would have been the victim. The drunk guy was a victim of his own actions. I am sorry for his family's loss, but they should only blame him for his actions. It is the same as him walking out in front of train.
  • by sierra Location: lexington on Aug 22, 2008 at 05:25 AM
    I'm sorry for the man who went to the wrong home. However, as I recall he'd reportedly been "celebrating". There is no way the homeowner could have known he wasn't trying to break in. People have a right to defend themselves, their family and their home. When criminals start to realize that law abiding citizens are going to stand up and defend their homefront they'll think twice before acting.
  • by Glock Location: ky on Aug 22, 2008 at 03:53 AM
    Im sorry for the victims family,but he shouldn't have been turned lose that drunk.You cant smoke a cigarette in a resturant, but you can get all the alcohol you have the money to buy.It was alcohol that got him killed not smoke.


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