PHILADELPHIA (KYW Newsradio) — The Montgomery County District Attorney's Office ruled the fatal shooting of 29-year-old Daniel Hawkins at a Horsham cemetery last month an act of self-defense.
On Saturday, March 18, people were gathering for a birthday celebration at the grave site of Tyreek Fairel, who was shot and killed on July 4 in Norristown 10 years ago.
Officials say 33-year-old Arian Davis drove to the celebration with a friend. While they were sitting in their car, Hawkins, of Philadelphia, who Davis knew, walked up to their car and began shooting at Davis.
In response, they say Davis shot back, striking and killing Hawkins. Davis suffered shot wounds to his jaw, hand and leg and was transported to a nearby hospital. The gun he used was legally purchased and had a valid permit.
When police arrived at the scene, they found Hawkins dead near a Jeep Grand Cherokee that witnesses say he drove to the cemetery. Police say the Jeep had a fake, temporary license plate and had been reported stolen to Philadelphia police.
Next to his body was the handgun he used. Investigators say an extended magazine had been altered to add a "switch" that converted the handgun into a fully automatic weapon. Because of prior convictions, he was prohibited from possessing a firearm.
DA Kevin Steele said, in order for the shooting of Hawkins to be justified, the shooter had to be in reasonable fear of death or serious bodily injury.
"Evidence shows that Hawkins approached Davis' vehicle and began firing multiple rounds at him using a firearm that was illegally altered to fire rapidly," Steele said. "Bullets struck Davis in multiple parts of his body before he fired back, striking Hawkins and killing him."
He added that Davis was under attack and in danger of being killed when he fired his weapon "to end the threat."
"For these reasons, I conclude that this was a justifiable shooting, and therefore, no criminal charges are warranted."
