UPDATE 9/25/12 @ 11:57 a.m.
SCIOTO COUNTY, Ohio (WSAZ) -- A Portsmouth man that shot and killed another man during an argument over a lawnmower has not been indicted.
According to Scioto County Prosecutor Mark Kuhn, the Grand Jury did not return an indictment against 22-year-old Tyler Staker in connection with the shooting death of 33-year-old Steve Holsinger.
Back in July, Staker and his father went to the home of Steve Holsinger to repossess a lawnmower. The two were at Holsinger's home for over an hour trying to get him to come outside and return the equipment. When Holsinger did eventually come outside, he was carrying a gun.
According to a release from the Scioto County Sheriff's Department , Holsinger put the gun into his pocket for a short time -- then got upset and pulled out the gun telling Tyler and his father that they had three seconds to get off his property. Holsinger then raised the weapon, pointing it at Tyler’s face. At that point, Tyler shot Holsinger several times, according to the release.
Scioto County Prosecutor Mark Kuhn tells WSAZ.com that this case was the longest deliberation of any grand jury that he has been a part of during his tenure as prosecutor.
According to Kuhn, this case will not be brought up again to any future grand jury.
A man is dead -- a store employee accused of the shooting -- and it was all over a lawn mower. The shooter, though, remains free -- claiming self-defense -- while a grieving widow is left behind to care for three young children.
“He took the father of my sons, and my baby will never know him,” cried Jennifer Holsinger.
Her late husband Steve was only 33.
“He made me so happy," Jennifer said. "They took something very precious to me away."
She says there was a dispute between her husband and Robert and Tyler Staker of Staker's Sales and Service in Portsmouth. It reportedly involved money owed on a lawn mower. The amount in question was $700.
The Stakers came to the couple's home here in Wheelersburg about 8:30 p.m. Thursday to repossess the lawnmower.
“They banged on the window and my doors and even the air conditioning units,” said Jennifer.
After what Jennifer calls nearly two hours of terror, Steve finally got fed up.
“He grabbed his gun, and I begged him not to," Jennifer said. "But he said he didn’t know these two men very well, and he needed to have it for his protection."
“He went outside and said, 'You have three seconds to get off my property,' but it’s unclear whether Steve pointed the gun at them or not," Scioto County Sheriff Marty Donini said. "The Stakers say he did. That’s when Tyler shot him repeatedly.”
“He didn't even get a shot off, and they shot him five times,” Jennifer said tearfully.
Now, that family protector is gone, leaving behind three sons ages 8, 2 and the baby -- only 7 months old.
The shooter, Tyler Staker, who's only 22, has not been arrested and will not be -- unless a grand jury determines otherwise.
“We’re going to let the grand jury hear all of the facts and decide what to do with the case," Donini said. "If they decide there’s a crime, we’ll proceed accordingly."
WSAZ.com's Carrie Cline did stop by Staker's and talked with Robert Staker, Tyler's father, who was also at the house. He’s also the one who called 911 after the shooting.
Robert Staker declined to comment on camera, but said they had an agreement with Steve the day before that he would return the mower to the store on Thursday. When he didn't, they went to the house to get it.
According to a release from the Scioto County Sheriff’s Office, Steve Holsinger, 33, of Wheelersburg, was shot and killed at his home Thursday night.
Sheriff Donini says that Tyler Staker, 22, of Portsmouth, shot Holsinger.
According to the release, Tyler and his went to Holsinger’s home to repossess a piece of equipment that was purchased from their business that had not been fully paid for. Tyler and his father were at the home for over an hour knocking on the door to get Holsinger to return the piece of equipment in question.
About 10:20 p.m., Holsinger came out onto his porch with a gun in his hand and was very upset. According to the release, Holsinger put the gun into his pocket for a short time -- then got upset and pulled out the gun telling Tyler and his father that they had three seconds to get off his property. Holsinger then raised the weapon, pointing it at Tyler’s face. At that point, Tyler shot Holsinger several times, according to the release.
Holsinger’s body has been sent to the Montgomery County Morgue for an autopsy.
Sheriff Donini and Scioto County Prosecutor Mark Kuhn, will present the case to the Scioto County Grand Jury on a later date, pending the autopsy and evidence collected at the scene.
Sheriff Donini stated that this is still an ongoing investigation and that anyone with information should contact Detective Jodi Conkel at 740-351-1091.