Shooting of man by resident who found him in his car goes to prosecutor for review

A man was shot at about 11:55 p.m. on Thursday, Aug. 19, 2021, in the 2300 block of Superior Avenue in Middletown. NICK GRAHAM / STAFF
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A man was shot at about 11:55 p.m. on Thursday, Aug. 19, 2021, in the 2300 block of Superior Avenue in Middletown. NICK GRAHAM / STAFF

Middletown resident says he fired ‘three or four’ times after hearing alarm.

The shooting of a man last week by a Superior Avenue resident who said he found the man in his car will get a review by the Butler County Prosecutor’s Office.

Drew Forkner, 24, of South Sutphin Street, was shot in the torso on Aug. 19 and taken to Atrium Medical Center. Middletown police say he is recovering.

There have been no charges filed against the man who called 911 telling dispatcher he shot a man who was in his car.

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The shooting occurred about 11:55 p.m. in the 2300 block of Superior. A resident who came out of his house and fired the shots called 911 after the shooting, according to Sgt. Earl Nelson.

The vehicle was parked on the street, and four shell casings were recovered, Nelson said.

This week, Nelson said the first part of the investigation has been sent to the prosecutor’s office for review along with video of the incident from a neighbor’s security camera.

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Butler County Prosecutor Michael Gmoser confirmed the investigation would get his review.

“Anytime you have a citizen involved in a shooting it does raise significant issues under the laws we have in Ohio regarding self-defense,” Gmoser said. “This is a matter that will be thoroughly reviewed prior any submission to the grand jury.”

Protection of property versus protection of people is always an issue with the use of deadly force, Gmoser said.

The male 911 caller told dispatchers, “I just shot a guy.”

“He was in my car when I came out to get something to eat and ran towards me,” the man said. “He needs an ambulance.”

The caller said he is a CCW permit holder and was instructed by the dispatcher to put the gun away. Detectives took possession of the gun in the house when they arrived.

“I think he’s dying,” the man said. “Oh my God, oh my God.”

The resident said he heard his alarm go off, then found the man sitting in the driver’s side.

“When I was going to get in the car he opened the door and ran towards me,” the caller said, adding he shot three or four times.

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