No charges recommended in fatal Appleton break-in

Crime Tape

APPLETON, Wis. (AP) — Police are recommending no charges be filed in the case of an intruder who was fatally shot at an Appleton residence last June.

Investigators say they have completed their work into the death of 38-year-old Jonathan Tolley.

Police say Tolley had a blood alcohol content more than three times the legal limit when he forcibly entered a locked house and caused damage.

Authorities say Tolley broke into a locked bedroom where the residents had taken shelter before he was shot. No residents of the home were hurt.

Officials concluded the facts and evidence in their investigation indicate that the shooting was justifiable in self-defense.