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No charges will be filed against the Mentone town marshal in conjunction with a Jan. 5 shooting incident, said the Kosciusko County Prosecutor's Office.
In a statement released this morning, the Kosciusko County Prosecutor's Office determined "that in order to protect himself and the community, James Eads did fire his service weapon at Danny L. Hale because he was under threat and while he was acting in the course of his duties as town marshal of Mentone."
Eads shot Hale, 51, of Mentone, while Eads was responding to a 911 call Jan. 5 in Mentone.
Charges for burglary of a dwelling while armed with a deadly weapon and intimidation have been filed against Hale.
Hale was released from Parkview Hospital this morning. Kosciusko County detectives picked up Hale at the hospital and transported him to the Kosciusko County Jail, where he will be booked on the charges.
According to the statement, Eads asked Hale to get out of a pickup and "surrender to his authority, whereupon Danny L. Hale did get out of his vehicle armed with a sawed-off shotgun."
The statement also said Hale "repeatedly threatened to kill Town Marshal Eads and did draw his weapon, aiming it at said MarshallEads. Marshal Eads then heard Danny L. Hale prepare said weapon for firing."
Hale had gone to the home of his ex-girlfriend's mother and threatened his ex-girlfriend, who had a restraining order against him.
According to witnesses, Hale had been drinking when he entered the house and brandished the shotgun. Hale allegedly threatened three adults and two children inside the house before leaving.
Hale entered the home without permission and threatened to kiil three people inside.
