COUNTY COURT: Man cleared of murder charges

Local News

January 8, 2009

Grand jury votes not to indict Somerset man who shot intruder

Staff Reports The Niagara Gazette Thu Jan 08, 2009, 07:35 PM EST

A grand jury voted Tuesday not to indict a Somerset man on murder charges after he was arrested in October for shooting an intruder in his home.

James W. Wilson, 39, 9677 Hall Road, was arrested Oct. 10 and charged with second-degree murder after sheriff’s deputies said he shot and killed Theodore Tice, 54.

The shooting followed a long-standing feud between two families.

Wilson told deputies he and Tice had argued outside the home early that afternoon, and Tice had threatened to kill him.

Tice then followed Wilson inside his home, where Wilson locked himself in his bedroom.

Wilson told deputies Tice began banging on the bedroom door.

Fearful for his life, Wilson reportedly fired one shot through the door with a hunting rifle.

The shot struck Tice in the torso.

As others performed first aid on Tice, Wilson called 911 and told the dispatcher he “needed the police” because he’d just shot someone, and the man was dead inside his house.

Wilson waited outside for deputies to arrive and surrendered without incident.

According to New York State law, residents are allowed to use deadly force against an intruder during a burglary.

Tice was a native of Lockport and was a resident of Unicoi, Tenn., at the time of his death.

Wilson was initially held without bail after his arraignment in Somerset Town Court. He was later released on $25,000 bail while awaiting the decision from the grand jury.

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