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No charges recommended in fatal shooting of man who broke into Appleton home

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APPLETON — 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.

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Officers received a call about a break-in from someone in the home who said residents had taken shelter in a locked bedroom. Police say Tolley broke into the bedroom and advanced towards the residents before one of them shot him, WLUK-TV reported.

Police say there was no evidence to indicate Tolley and the residents of the home knew one another prior to this incident and his motive for breaking in is not known.

No residents of the home were hurt during the incident.

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

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