The Buchanan County Prosecutors office announced they will not be filing charges in the shooting death of a man back in May due to domestic abuse.
Mark Applegarth was shot and killed by his wife, Dawn Applegarth, in their home on May 7. Police were called to the scene by Dawn Applegarth who admitted to the shooting.
Prosecuting Attorney, Ron Holliday, said they determined the killing to be legally justified based on evidence of domestic abuse. The investigation revealed the wife was in fear of her life or serious injury at the time.
Mark Applegarth has previously been prosecuted for domestic abuse against Dawn in January.
An autopsy of Mark Applegarth revealed the presence of methamphetamine and THC in his blood at the time of the shooting.