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Union County DA to review gun death
Resident kills man he says broke into vehicles; officials await autopsy
EMILY S. ACHENBAUM
eachenbaum@charlotteobserver.com
Union County's district attorney will review an early Monday shooting in which a resident shot and killed a man who was allegedly breaking into his family's vehicles, the Union County Sheriff's Office said.

Sheriff Eddie Cathey said the office has not decided whether to charge Lonnie Kirkley, who authorities said fired the fatal shot. That's because the office doesn't have all the evidence in the case, including the autopsy of the victim, Cathey said.

An autopsy will show whether John David Mobley, 38, was shot in the front or back -- a difference that would help authorities decide whether Kirkley shot in self-defense.

Cathey said deputies will review the case with District Attorney Michael Parker, who will make the decision. Evidence includes statements made to deputies by Kirkley that Cathey declined to release. "We need to see what reasoning he used to pull the trigger," Cathey said.

N.C. law states that homeowners can use deadly force to prevent a break-in, said Chief Deputy Ben Bailey, or if they fear someone will come into their house to commit a felony such as rape or assault.

Deputies first learned about the shooting at 12:23 a.m., when they responded to a call at Kirkley's home on Locklyn Drive, outside Waxhaw.

Deputies found Mobley lying outside the home. Mobley had been shot once and was seriously injured. He was taken to Carolinas Medical Center-Union, where he was pronounced dead, deputies said.

Investigators said Kirkley's wife had looked out their bedroom window and saw Mobley in the passenger compartment of her van with the interior light on.

She woke up her husband, who went outside with his .357-caliber handgun, deputies said. At that point, Lonnie Kirkley saw Mobley inside his truck, deputies said.

Lonnie Kirkley shouted at Mobley, who got out of the truck, deputies said. Kirkley fired one round from his handgun, striking Mobley, deputies said. Mobley ran, but collapsed about 40 feet from the house.

Mobley's criminal record includes convictions for breaking and entering. He lived on Howie Mine Road.

http://www.charlotte.com/mld/charlot...s/15496891.htm