HEBRON – Prosecutors Tuesday dropped charges against a Hebron man arrested after a fatal shooting in October. But, they have filed new felony charges against him in connection with a fight earlier that morning.
Michael Lewis, 21, was charged with Use of a Firearm to Commit a Felony and with felony First Degree Assault.
The fatal shooting happened around 3:20 a.m. on Oct. 27, 2018, at a residence at 625 Jefferson Avenue in Hebron. That morning, Michael Lewis called Thayer County dispatch and said he caught two people breaking into the residence and shot them.
Remington Elting, 28, and Reuben Elting, 33, both of Davenport, were both found at the scene with gunshot wounds when deputies and Hebron Rescue responded to the scene.
Both were transported to the hospital where Remington Elting was pronounced dead. Reuben Elting was wounded in the incident.
Other court documents indicate that Lewis told State Patrol Investigators that he was awakened by two men banging on the front door of the home. After arguing with the men, Lewis locked the door and then retrieved a 9 mm handgun.
Lewis then heard one of the men banging on the side door, and stepped out to talk to Remington Elting – someone he used to work with.
After an altercation, Lewis shot Remington from his knees, and then saw Reuben Elting coming after him and shot him because he didn’t stop when Lewis told him to.
Investigators said in the documents that Lewis said he wasn’t trying to murder anyone.
On Tuesday, Lewis’ defense attorney, Benjamin Murray, told TV station KSNB that state prosecutors dismissed the assault and weapons charges, because they determined the shooting was justified.
Lewis pled not guilty to those charges in district court in early December.
However, Lewis now faces six other felony charges in connection with a fight earlier that same morning in Davenport.
Newly filed court documents indicate that Lewis was involved in a fight, during which he is accused of using a handgun to fire multiple shots in the air. Court records also show that Lewis may have pointed the gun toward at least two other men at the residence in Davenport.
Prosecutors charged Lewis with three counts of Using a Deadly Weapon to Commit a Felony and with three counts of Terroristic Threats.
Court hearings on the new charges against Lewis are pending in Thayer County.
KSNB Local 4 contributed to this report.