Wednesday, December 21, 2011

Montgomery County, PA: Self-defense aspect probed in student's slaying

A Boyertown High School senior was fatally shot at the house of his mother's boyfriend in Montgomery County after his mother called him and his father to pick her up there, prosecutors said Tuesday.

Zachary Levin, 19, of Barto was killed when he and his father, Joshua Levin, 34, also of Barto, went to the Upper Frederick Township home where the woman was living with her boyfriend, authorities said.

The woman and her boyfriend were arguing when she called Zachary Levin to pick her up at the home in the 1700 block of Snyder Road, said Montgomery County District Attorney Risa Ferman. She declined to identify the mother and the boyfriend.

Ferman said state police are working with prosecutors to determine if the slaying was justified. She said the decision whether to file charges will be based on the analysis of a new law that allows a person to use deadly force when the person is in fear of serious bodily injury.

Meanwhile, Dr. Dion E. Betts, school superintendent, said counseling support is available for students.

"About 30 students used it on Monday," Betts said. "It's a very sad time for the district. He was a well-liked student and a tremendous student. It's sad and tragic."

Betts declined to comment on the investigation.

According to Ferman:

Joshua and Zachary Levin got out of the car at the house, swinging baseball bats.

When the man saw the two with the bats, he retreated to the rear of the property to his pickup truck.

The Levins threatened to kill him and poked him with their bats. Joshua Levin hit the truck with a bat.

The man got a .40-caliber handgun from under the front seat of his truck. He had a license to carry the weapon.

The Levins pursued him around the truck and surrounded him.

The man struck Joshua Levin in the head with the gun. Zachary Levin hit the man with the bat, and the man shot Joshua Levin in the arm. He was taken to an unidentified hospital and his condition was unavailable. Joshua Levin fled, and the man fired a fatal shot at Zachary Levin.

Several neighbors told police they heard arguing.

The coroner's office said Zachary Levin died of a gunshot wound and the death was ruled a homicide.

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