Waukesha County D.A. investigating deadly home invasion

Waukesha County D.A. investigating deadly home invasion

By Lacey Crisp & WTMJ News Team. CREATED Aug 29, 2011

OCONOMOWOC-The Town of Oconomowoc Police are investigating a deadly shooting.

A homeowner in Okauchee killed an intruder who broke in over the weekend.

The Journal Sentinel reports that Waukesha County's DA's office says the victim was unarmed.

James Babe's family tells us he was murdered, but the homeowner tells us he was defending himself against a home intruder.

"He told me he had a gun, came at me with a gun. Don't drop it, backed up, shot him, killed him," said homeowner, Mike Fitzsimmons.

Fitzsimmons was asleep early Saturday morning when he heard an intruder in his house. That intruder was 39 year-old James babe.

“The last thing I want to do is kill someone," Fitzsimmons said.

Neighbors say there's a problem in the area when people have too much to drink, and then end up in the wrong house.

Neighbor David Famularo explains he's been in the same situation as Fitzsimmons, but hasn't pulled the trigger.

"I had a guy try going through the screen door, and he met me with a 45," Famularo said.
Babe's family tells Today's TMJ4 that he was out with friends at a bar in the area. Babe is a registered sex offender and has an extensive criminal record that includes burglary.

Neighbor's say Fitzsimmons wouldn't shoot anyone, unless it was to defend himself.     

"It doesn't fit his demeanor," Famularo said.

Charges have not been filed at this time.