Roger Welch, 54, rural Moran, was placed on diversion from a charge of misdemeanor battery in the Dec. 22 shooting of Zeffrey Doolittle, then 17 and today 18.
Welch shot Doolittle in the back with a shotgun after he said the youth tried to steal gasoline from an overhead storage tank on his farm.
When Doolittle realized Welch was near, he dropped a can he was carrying and fled. Welch, who had had gasoline stolen previously, first fired a shot in the air. A second round of pellets hit Doolittle in the back.
Officers later found Doolittle walking along an Allen County road a short distance away, having abandoned a pickup truck he had driven to the scene earlier. The incident occurred northeast of Moran.
Doolittle was taken to Allen County Hospital, where he was treated for superficial wounds.
“After careful review of the facts and circumstances surrounding the incident … (the state and defendant) have come to a mutual resolution in which the defendant will enter into a diversion agreement to an amended count of misdemeanor battery,” said Wade Bowie, Allen County attorney.
Welch paid a $250 diversion application fee, $195 in court costs and made donations of $25 to Allen County CASA (Court Appointed Special Advocates) and $200 to the National Rifle Association, with the expectation that the NRA donation will be used for firearms training.
The case evoked strong emotional responses from Welch’s supporters and others who have had to deal with thefts in rural and isolated areas of the county. One group raised money to help with Welch’s defense.
“Prior to making a decision to charge this case, I spent a significant amount of time reviewing the unique facts and circumstances, including visiting the scene, reviewing officer audio and video, reviewing 911 dispatch audio, reviewing law enforcement reports, simulating discharge of the weapon used with various rounds and from different distances and reviewing relevant case law involving defense of property,” Bowie told the Register.
He added that in resolving the case, he considered the rights of a landowner to protect his property, as well as the rights of a victim.
Given all he learned, Bowie said he thought the decision to resolve the case through diversion was “reasonable, served the community and met the ends of justice.”
Essentially, diversion means that Welch will have no criminal record from the incident.
