Keith “PJ” Rutter was a “loving son and father," according to his mother, Nannette Justus, despite his struggles after losing his father as a child and his battles with substance abuse.
But he was also a notorious burglar, Justus said.
Rutter was shot dead about a month ago by a Glouster man after Rutter fled into the woods after breaking into the nearby home of Richmond’s mother-in-law.
Randy Richmond, 39, fired his .22 caliber rifle three times on June 20, according to court documents, and pleaded no contest Tuesday to one count of Reckless Homicide, a third degree felony, and one count of Negligent Homicide, a first degree misdemeanor.
Because Rutter was fleeing when Richmond shot him, the charges against Richmond sparked debate in Athens County sparking debate between Prosecutor Keller Blackburn and Sheriff Pat Kelly over whether Richmond should be punished.
Blackburn said that this case would not set new legal precedent in Athens County for claims of self defense, but stopped short of further explanation.
Athens County Court of Common Pleas Judge George McCarthy placed Richmond in a diversion program for three years. Richmond will have to report monthly to authorities while completing 60 hours of community service. He’ll also have to pay $1,000 in restitution and is prohibited from owning guns.
The charges will be dismissed if Richmond completes the terms of his diversion program and stays out of trouble. Otherwise, he could be sentenced to up to five years in prison.
On June 20, Richmond called 9-1-1 to report that he had just shot an intruder near his home with a .22 rifle. The Athens County Sheriff’s Office responded to the scene as well as Athens County Emergency Medical Services.
“(Richmond) fired two or three rounds,” Detective Brice Fick said in the Athens County Sheriff’s Office Report. “Richmond stated that he was firing low, towards the legs area, trying to get (Rutter) to stop. (Richmond) said that his adrenaline was rushing and it was hard to focus.”
Richmond added that he never intended to kill Rutter. He noticed Rutter carried a knife, and just didn’t want him to get away. He feared Rutter would return and cause harm.
Rutter lived down the road and had been a suspect in multiple burglaries in the area, including at least three to Richmond’s mother-in-law’s home, according to Fick’s narrative in the Sheriff's report.
Richmond returned to the area near Taylor Ridge Road where the incident took place to reenact the altercation, according to an Athens County Prosecutors Office news release. After the reenactment and meetings with the shooter and Justus, it became clear that the shooting was not justified as self defense, Blackburn said.
“It is not self-defense because the defendant had a duty to retreat,” he said, adding that it is “clear...that Rutter had an extensive substance abuse problem and was responsible for many burglaries.”
The victim’s mother, however, begged in a statement not to let her son’s death be for no reason because she “was his mother, and I lost a piece of my heart.”
Blackburn informed Justus that he wished he had had an opportunity to put Rutter in prison; however, no case file had been presented to his office, according to the release.
“I want the public to know that PJ was no monster and would never intentionally hurt anyone,” Justus said. “PJ was always a happy, loving person when he wasn’t on drugs. He enjoyed life, his family (and) helping others.”
An online petition to free Richmond, which set a goal of collecting 10,000 signatures, states: “(Richmond) was protecting his relative's home, which is what any normal citizen would do for their family. He should not be punished with prison time but should be able to walk free.”
The petition has gained 930 signatures since June 26.
Justus said that Rutter’s drug addiction is to blame for his thefts, and that she attempted to enter him in rehab twice over the past six months, but he was turned down because they could not accommodate him.
Blackburn agreed that drugs played a role in Rutter’s death.
“This tragedy has forever changed two families and is another reminder of what drugs have done to our communities," Blackburn said.
kf398711@ohiou.edu
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