OKAUCHEE, Wis. (AP) — Court records say the man shot to death by an Okauchee homeowner was unarmed.
According to a search warrant affidavit, the homeowner told investigators he thought the intruder was armed when he fired the shots about 2 a.m. Saturday.
But court records say 39-year-old James Babe IV was unarmed — although investigators believe he may have had a gray cell phone in his right hand when he was shot.
According to the affidavit, Babe was shot twice in the upper chest with rounds apparently fired from a .357 revolver.
The Milwaukee Journal Sentinel reports the search warrant and affidavit were filed in Waukesha County Court to allow officers to search the home.
District Attorney Brad Schimel is still reviewing the shooting.
Information from: Milwaukee Journal Sentinel, http://www.jsonline.com