IMPD says domestic incident led to deadly shooting of attempted home intruder

INDIANAPOLIS – A man is dead after police said he was shot trying to force his way into an apartment on Indy’s northeast side.

Just after 1 a.m., police were called to the Bayview Club apartments near 75th and Shadeland and found Cavin Pogue Jr. shot. The 31-year-old died after being taken to the hospital.

Police confirm the shooting appears to be domestic related.

Because investigators claim Pogue was acting as a home intruder, his death, while still a homicide, does not appear to be criminal.

“People are allowed to use deadly force to protect themselves and their homes against intruders,” said attorney Mario Massillamany.

Attorney Mario Massillamany said Indiana lawmakers have given people a lot of freedom to defend their homes.

“Our legislature values that your home is your castle and you have a lot more protections than if you’re on the street,” said Massillamany. “You do not have a duty to retreat. You are allowed to feel safe in your own home.”

The death Tuesday morning is just the latest in a series of non-criminal homicides to start 2023.

Ten of the first 36 homicides this year have been deemed accidental, self-defense or cleared without charges.

That’s a dramatic increase over the last two years on the same date, when there was only one non-criminal homicide in 2021 and three in 2022.

In this case, police reports show IMPD responded to a domestic violence incident involving the same two people at the same apartment just two days ago on Sunday.

Police said the shooter stayed on scene and fully cooperated. That person has not been arrested.