OSHKOSH, WI (WTAQ) – Prosecutors say a fatal Oshkosh shooting from earlier this month was an act of self-defense.
Court records indicate Nick Davis shot Cashmiere Hill as Hill was breaking into his 815 Waugoo Street home on November 5.
Davis says the person who broke into his house demanded money, possibly in connection with a social media post he made about winning at a casino.
Charges of Felony Murder (for reportedly causing Hill’s death), Armed Robbery, and Armed Burglary have been filed against 28-year-old Tory Summers of Oshkosh.
Summers allegedly drove Hill to the home for the robbery.
The criminal complaint states:
“While lying down he said he heard glass breaking in the kitchen and when he went to go investigate he observed a black male trying to get into his house and at one point Nick said that the male had yelled over something to him in the form of, “give me your (expletive) money,” and fired a round at Nick, striking him in the wrist. Nick said at this point he fired back in self-defense, shooting off several rounds, the number that he thought was approximately eight rounds, and that he must have hit the guy cause he had fallen back into the stairwell and ultimately towards the door. Once the male had fallen back Nick said that he was able to call 911 as well as yell to neighbors after going outside yelling for help.”
That complaint goes on to state that Summers told officers:
“When I dropped the dude who died off so that he could rob Nicky Davis he asked me if I was gonna be around and I said yes that I would be around to pick him up. I then drove over by Otter Av. And I then heard multiple gunshots in a row and it sounded like a small caliber gun and the shots got loud. The shots sounded like they were coming from the area of Nick Davis’ house. I then left…”
Cash bond has been set at $500,000 for Summers, who has a preliminary hearing scheduled for November 22.
Felony charges of Armed Robbery and Burglary have also been filed against 21-year-old Stephon Harris of Appleton, who allegedly went to Davis’ home with Hill prior to the incident where shots were fired.
Harris’ cash bond has been set at $100,000. His preliminary hearing is also scheduled for the 22nd.
Davis has not been charged, and no charges had been requested, at last word.
