The D.A. said the man shot and killed had arrived at the cemetery with a handgun modified to be fully automatic.
HORSHAM TWP., Pennsylvania (WPVI) -- The Montgomery County District Attorney said Friday that a fatal shooting in a Horsham Township cemetery last month was a justifiable case of self-defense.
Twenty-nine-year-old Daniel Hawkins of Philadelphia was shot and killed at Whitemarsh Memorial Park on Limekiln Pike on March 18.
The shooting happened as people gathered there to celebrate the birthday of a deceased friend who had been killed in Norristown in 2013.
The D.A.'s office said Hawkins came to the cemetery with a handgun that was modified to be fully automatic.
According to investigators, Hawkins approached a car and opened fire.
The D.A. said one of the car's occupants, 33-year-old Arian Davis of Philadelphia, returned fire, killing Hawkins.
Davis had a legally purchased firearm and a valid concealed carry permit, the D.A. said.
Davis was shot in the jaw, hand and leg and was being treated at Abington Hospital.
"Davis was under attack and in danger of being killed when he fired his legally owned weapon to end the threat. For these reasons, I conclude that this was a justifiable shooting, and therefore, no criminal charges are warranted," District Attorney Kevin Steele said.
More than 30 shell casings were found at the scene.
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