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Cherokee County man cleared in firefighter's death
Posted: 03.12.2013 at 11:17 AM
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Sheriff Steve Mueller and prosecutor Barry Barnette concluded the homeowner was protecting himself and his property when the fight occurred.  / Cherokee County
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GAFFNEY, S.C. (AP) -- A homeowner in Cherokee County will not be charged in the death of a volunteer firefighter who drove onto the man's property and fought with the homeowner.

Officials say 22-year-old Joshua Lee McAbee had a blood alcohol level of .218 when he was killed last September. The legal limit to drive in South Carolina is .08 percent.

Sheriff Steve Mueller and prosecutor Barry Barnette concluded the homeowner was protecting himself and his property when the fight occurred.

Mueller says McAbee drove into the yard of a man, hit a trailer and then fought with the homeowner, who hit him in the head with a brick.

Coroner Dennis Fowler says McAbee died from the blow to the head.

Mueller says he thinks the homeowner feared for his life.

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