He had ‘the neighborhood terrorized,’ homeowner says about man he shot

ajc.com

TROY - A Union Twp., Miami County, homeowner told a judge Thursday that a man he shot breaking into his property was a "predator" who had "the neighborhood terrorized."

The man, David Fenner, 39, of Troy, pleaded no contest to felony burglary and possession of criminal tools and was sentenced Thursday to eight years in prison as part of a plea deal.

Fenner was arrested early May 29 in the driveway of a Kessler-Frederick Road home after he had been shot in the hand and legs. The homeowners called 9-1-1 around 5 a.m. to report someone breaking into their home where they lived with children. The man told sheriff's deputies he woke up hearing his dog barking and went to the attached garage, where he confronted another man. He said the man lunged at him and he fired two to three shots before holding the man until deputies arrived.

Fenner received hospital treatment before being jailed.

The homeowner, who was not identified in court, told Common Pleas Judge Christopher Gee he received thank you cards from neighbors after Fenner was arrested. "No amount of time you can give him is enough time," the man said.

The sheriff's office said Fenner had been arrested in the 1990s for burglaries in the same area of the county, including the same road.

As part of a plea deal, a specification that Fenner was a repeat violent offender was removed from the burglary charge and prosecutors agreed to file additional burglary charges against Fenner in burglaries he admitted to a detective. He then pleaded no contest and was found guilty by Gee.

Fenner answered questions from the judge but made no further comment. Janna Parker, an assistant county prosecutor, said Fenner had served three previous prison terms for burglaries, assault and possession of drugs.

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