By Liz Shepherd
WARSAW — A Warsaw man involved in a fatal shooting in October 2019 will be sentenced at 8:15 a.m. Monday, July 27, in Kosciusko Circuit Court.
Kyle David Shaw, 35, 2262 S. Oak Drive, Warsaw, is charged with reckless homicide, a level 5 felony. Shaw entered a guilty plea in this matter on June 22. A charge of criminal recklessness, a level 6 felony, was dismissed as part of Shaw’s plea agreement. The sentence will also be served consecutively to a misdemeanor case. According to the plea, the state agrees that the initial executed portion of the sentence will not exceed four years.
At 1:15 p.m. Oct. 15, 2019, Warsaw Police responded to a report of a shooting at Shamrock Village Mobile Home Court. According to court documents, officers who arrived at the scene saw Shaw run out of a mobile home with blood on his hands, feet and clothing.
When officers entered the home, they found Heather Emelio, 34, laying on the floor with a gunshot wound to the neck. She was pronounced dead at the scene.
An autopsy revealed the bullet entered the right side of her neck in an upward trajectory and entered her brain.
After being read his Miranda rights, Shaw told officers he and Emelio were in their bedroom. At the time, Shaw said he had been holding a 40-caliber Smith & Wesson handgun with a fully loaded magazine and a cartridge in the chamber. He told police Emelio bumped into him, causing him to drop the gun.
Shaw said he caught the gun but that his thumb touched the trigger, causing the gun to discharge. Officers gave Shaw a portable breath test which indicated he had a 0.161 alcohol level.