In a statement released about the decision, it was stated that the evidence showed there had been a physical altercation between the men in the kitchen of the home. Injuries showed the Kreutzer, who weighed 215 pounds, was in an offensive position while McLaughlin’s injuries, who weighed 160 pounds, were defensive in nature. Blood test results confirmed both men were significantly intoxicated.
Further evidence presented in the report showed Kreutzer was either entering or inside a bedroom where McLaughlin had retreated when he was shot. Testing determined both men’s DNA was present on the firearm, but it is unknown how that occurred. The statement said it was a reasonable possibility there had been a physical struggle over the weapon.
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