OKAUCHEE, Wis. (AP) -- Court records say the man shot to death by an Okauchee (oh-KAH'-chee) homeowner was unarmed.
A search warrant affidavit says the homeowner told investigators he thought the intruder was armed when he fired the shots about 2 a.m. Saturday.
But court records say 39-year-old James Babe IV was unarmed -- although investigators believe he may have had a gray cell phone in his right hand when he was shot.
The affidavit also says Babe was shot twice in the upper chest with rounds apparently fired from a .357 revolver.
The Milwaukee Journal Sentinel reports (http://bit.ly/nDFjie ) the search warrant and affidavit were filed in Waukesha County Court to allow officers to search the home.
District Attorney Brad Schimel is still reviewing the shooting.
Information from: Milwaukee Journal Sentinel, http://www.jsonline.com
(Copyright 2011 by The Associated Press. All Rights Reserved.)
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