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Daniel Hawkins, a 29-year-old Philadelphia resident, was gunned down at Whitemarsh Memorial Park on Saturday, March 18, Daily Voice has reported. Another Philly man, 33-year-old Arian Davis, was treated at Abington Hospital for gunshot wounds to his jaw, leg, and hand.
Now, prosecutors say that Davis killed Hawkins in self-defense.
Davis and others had gathered at the cemetery to honor the birthday of Tyrek Fairel, who was shot and killed in Norristown in 2013, authorities said. Davis and a friend were sitting in a parked car when Hawkins walked up to the vehicle and opened fire at about 3 p.m., according to the release.
Investigators said Davis was shot more than once before he took out his legally-owned gun and returned fire, killing Hawkins.
Hawkins, officials say, had a firearm that was illegally modified with a "switch," which "converted the handgun into a fully automatic weapon," the DA's Office wrote. Detectives believe more than 30 rounds were fired in the shootout.
“There is no doubt about who shot and killed Hawkins, so the legal issue to be analyzed is whether this was a justifiable killing," DA Kevin R. Steele said in a statement.
"Evidence shows that Hawkins approached Davis’ vehicle and began firing multiple rounds at him using a firearm that was illegally altered to fire rapidly," he continued.
“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.”
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