The Warsaw man arrested Tuesday in the death of Heather M. Emelio, 34, is facing two felony charges.
According to a probable cause affidavit filed Thursday, charges filed against Kyle David Shaw, 34, of 920 Anchorage Road, lot 94, Warsaw, include reckless homicide, a level 5 felony; and criminal recklessness while armed with a deadly weapon, a level 6 felony.
On Oct. 15, Warsaw Police Department officer Clayton Reider responded to a call of a woman shot in the neck at 920 Anchorage Road, lot 94, Warsaw. Officers arrived to the scene and a man – later identified as Shaw – ran out of the mobile home with blood on his hands, feet and clothing. Another male subject – identified only as “AA” in the affidavit – also excited the home.
Officers entered the mobile home and found Emelio with a gunshot wound to her neck. EMS personnel arrived and said Emelio was dead. An autopsy later revealed a bullet entered the right side of Emelio’s neck in an upward direction into the brain.
Officers spoke with Shaw who said the other male subject was in his bedroom and he and Emelio were in their bedroom headed toward the bathroom. Shaw was holding his .40 caliber Smith & Wesson handgun with a fully loaded magazine and a cartridge in the chamber, the affidavit states.
Shaw said while he was holding the handgun, Emelio bumped him, causing him to drop the gun. Shaw caught the gun and his thumb “struck the trigger, causing the gun to discharge,” the affidavit states. The bullet hit Emelio in the neck.
Shaw was given a portable breath test and his alcohol level was .161, a little over twice the legal limit.
Officers also spoke with the other male subject who said he was in his bedroom and heard a shot and ran into the bedroom. He saw Emelio lying on the floor.
