Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
An Akron homeowner who fatally shot one of two men who allegedly broke into his home has been charged with voluntary manslaughter.
David Hillis, 21, of Hilbish Avenue is free after $5,000 was posted on a 10 percent, $50,000 bond. He was brought into the police department by his attorney Monday morning and was arraigned in Akron Municipal Court.
Police said Marcus Glover and Terry Tart forced their way into the Hilbish Avenue house at gunpoint on Aug. 7 and threatened the resident. When the resident showed a handgun, Glover and Tart fled.
The resident fired shots and killed Glover, 25, of Fess Avenue, as he fled, according to authorities.
According to Akron police, Hillis chased after the suspect, making the self-defense claim disputable.
The second suspect, Tart, 37, of Doty Drive, was charged with aggravated burglary and murder. He will be arraigned Tuesday morning.
Lt. Rick Edwards said Tart was identified through tips received and was held in jail on a probation violation.
City prosecutor and police liaison Craig Morgan said Tart was charged with murder, because state law indicates an offender can be charged with a death that happens when a violent felony is committed or attempted. In this case, the violent offense was aggravated burglary.
“Hillis was charged with the voluntary manslaughter charge and not murder because it fits a little more appropriately with all the evidence and facts we had,” he said. “It was based on the fact that Mr. Hillis was at his own home, and these guys being where they were and evidence showing that these guys tried to break in.”
David Hillis’ father, Michael Hillis, picked his son up after he made bond Monday.
“I just wanted to pick him up and let him know I was there for him,” said Michael Hillis, who was arrested the day of the shooting for trying to go past the “do not cross” police tape that blocked the entrance to the house in an effort to see his son. “And that’s all I really wanted to do the day I went over there, to see him and know that I was there for him.”
He defended his son’s actions.
“I think my son being the homeowner, living there in the house, had every right to use force. That’s just my opinion, but they tried to break into the house. They did get in the house,” he said. “They weren’t out there for a friendly hello. He didn’t know them.”
The incident happened at the home on Hilbish that he built in 1994 with his ex-wife, he said. His son has lived in the two-story colonial house all his life.
“When I had to move out I was always in fear of someone breaking into the house,” he said.
“If a criminal is walking down the street that’s the home they would look at and ultimately try to steal something out of it, because it’s not the average house in the neighborhood. It was overbuilt for the neighborhood. There are other nice houses, but these guys had every intention of robbing the place.”
The elder Hillis, a 52-year-old former Summit County sheriff’s deputy, goes back to court on Aug. 21 on his charges of failure to comply, obstructing official business, disorderly conduct and misconduct at an emergency. He ignored police warnings and after a struggle with officers, he was arrested and initially charged with misconduct in an emergency.
Hillis said the police chief could have used better verbal skills during the situation.
“I was in Randolph Township when I heard that my son had just shot somebody. I was very worried and drove over there right away,” he said. “I was extremely upset and all the police chief would have had to say is to calm down and we’ll see what we can do to let you see your son, that would have de-escalated me immediately.
‘‘I was in law enforcement. I know what would have worked, instead of yelling at me to get back and threatening to take me to jail and telling me I wasn’t going to see my son. I was a concerned parent who went to see about the well-being of my son, to see whether he was OK or not.”