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Fatal shooting in Oshkosh was apparently in self-defense

Oshkosh police cordon an area of Waugoo Avenue as they investigate the shootings of two people. November 6, 2017 (WLUK/Jerry Van Handel

OSHKOSH (WLUK) -- The shooting death of a man in Oshkosh on Nov. 5 was apparently self-defense by a homeowner during a robbery attempt -- and the man who allegedly drove the victim to the home for the robbery has been charged with felony murder.

Cashmiere Hill was shot and killed while breaking into a home at 809 Waugoo Street, according to the criminal complaint for Tory Summers, the man now charged.

Nick Davis said someone broke into his residence and demanded money – possibly because he made a social media post about winning at the casino.

According to the criminal complaint:

While lying down he said he heard glass breaking in the kitchen and when he went to go investigate he observed a black male trying to get into his house and at one point Nick said that the male had yelled over something to him in the form of, “give me your (expletive) money,” and fired a round at Nick, striking him in the wrist. Nick said at this point he fired back in self-defense, shooting off several rounds, the number that he thought was approximately eight rounds, and that he must have hit the guy cause he had fallen back into the stairwell and ultimately towards the door. Once the male had fallen back Nick said that he was able to call 911 as well as yell to neighbors after going outside yelling for help.

Davis has not been charged, and no charges have been requested at this point, according to the Winnebago County District Attorney’s office.

Summers told police he called Davis to make sure he was home, then drove Hill to a spot about two blocks from Davis’ home.

“When I dropped the dude who died off so that he could rob Nicky Davis he asked me if I was gonna be around and I said yes that I would be around to pick him up. I then drove over by Otter Av. And I then heard multiple gunshots in a row and it sounded like a small caliber gun and the shots got loud. The shots sounded like they were coming from the area of Nick Davis' house. I then left…,” the complaint quotes Summers as saying.

Summers is also charged with armed robbery and armed burglary. Summers appeared in court Wednesday, where a $500,000 cash bond was set. He returns to court for a status conference Monday, with a preliminary hearing set for Wednesday, according to court records.

Stephon Harris, 21, also faces armed robbery and burglary charges. Harris and Hill allegedly went to Davis’ home before the incident when shots were fired, and then Hill went back, according to the complaint. He is being held on a $100,000 cash bond, and also has a preliminary hearing Wednesday.

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